Acórdão nº 077752 de Supremo Tribunal de Justiça (Portugal), 21 de Setembro de 1989
Magistrado Responsável | BALTAZAR COELHO |
Data da Resolução | 21 de Setembro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VIII PAG371. ANTUNES VARELA IN RLJ ANO118 PAG307.
Área Temática: DIR CIV - DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CPC67 ART684 N3. L 63/77 DE 1977/08/25 ART1 N1. CCIV66 ART291 N2 ART392 ART892 ART1311 ART1410 N1. DL 224/84 DE 1984/10/01 ART10. CRP67 ART7. CRP84 ART5 ART8.
Jurisprudência Nacional: AC STJ DE 1969/06/20 IN RLJ ANO103 PAG470, Sumário : I - A procedencia da acção de preferencia determina uma modificação subjectiva no negocio que justificou o exercicio do respectivo direito, que opera ex tunc, colocando o preferente na posição que inicialmente detinha quem adquiriu a coisa objecto do direito de preferencia. II - O direito legal de preferencia traduz-se num verdadeiro direito real de aquisição, atribuindo ao respectivo...
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