Acórdão nº 083170 de Supremo Tribunal de Justiça (Portugal), 29 de Abril de 1993
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 29 de Abril de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS.
Legislação Nacional: CCIV66 ART334 ART342 N2 ART416 N2 ART1410 N1.
Sumário : I - Sendo a caducidade de um direito um facto extintivo, o ónus da respectiva prova recaí sobre aquele contra quem a invocação do direito que se pretende extinto é feita. II - Não se tendo determinado quando o titular do direito de preferência teve conhecimento do projecto de venda, ignorando-se, pois, o termo inicial da contagem do prazo de caducidade, não se pode concluir que o direito caducou. III - Não demonstrada a existência de comunicação para o titular do...
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