Acórdão nº 077787 de Supremo Tribunal de Justiça (Portugal), 03 de Outubro de 1989
Data | 03 Outubro 1989 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1 ART2 ART3. CCIV66 ART298 N2 ART333 N1 N2 ART343 N2 ART416 ART1410 N1. CONST76 ART65 N3. CPC67 ART28 N2 ART489 N1 ART1465.
Sumário : I - A Lei n. 63/77, de 25 de Agosto, confere o direito de preferencia quer ao locatario de todo o predio quer ao locatario de parte indivisa dele. II - Devendo a acção de preferencia ser proposta dentro do prazo de seis meses a contar da data em que o preferente tenha conhecimento dos elementos essenciais da alienação, como estabelece o n. 1 do artigo 1410 do Codigo Civil, aplica-se ao caso a primeira parte do n. 2 do artigo 343 do Codigo Civil e, portanto, era aos reus que incumbia demonstrar que as autoras vieram a juizo alem dos seis meses do seu conhecimento, para então, se haver o...
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