Acórdão nº 083208 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1993
| Magistrado Responsável | CARDONA FERREIRA |
| Data da Resolução | 11 de Maio de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV66 ART217 N1 ART227 N1 ART236 N1 ART342 N2 ART416 N2 ART686 ART687 ART1117 N1 N2 ART1410. CPC67 ART487 N2 ART493 N3 ART516 ART672 ART729 ART1463. CRP84 ART7 ART9 ART11 N2 ART12 N5 ART34 ART59 N1 ART92 N5 ART102 N2 C. CNOT67 ART71. DL 321-B/90 DE 1990/10/15 ART47. DL 67/90 DE 1990/03/01. DL 286/84 DE 1984/08/23.
Jurisprudência Nacional: ASS STJ DE 1987/06/25 IN BMJ N368 PAG147. AC STJ DE 1981/06/11 IN BMJ N308 PAG222. AC STJ DE 1990/03/27 IN BMJ N395 PAG674.
Sumário : a)- Um dos deveres do obrigado ou sujeito à preferência consiste em realizar o contrato com o preferente se este declarar a respectiva pretensão em prazo legal. b)- A renúncia ao exercício do direito de preferência constitui excepção peremptória e, como tal, a respectiva factualidade integra ónus da prova dos réus da acção de preferência. c)- Tal renúncia pressupõe ou prova directa do facto...
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