Acórdão nº 084414 de Supremo Tribunal de Justiça (Portugal), 04 de Novembro de 1993
Magistrado Responsável | SAMPAIO DA SILVA |
Data da Resolução | 04 de Novembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: ALBERTO DOS REIS PROC DE EXEC VOL2 PAG388. PIRES LIMA VARELA CCIV ANOT VOL3 PAG313. ANTUNES VARELA RLJ ANO119 PAG55. PINTO COELHO BMJ Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS / DIR FAM.
Legislação Nacional: CPC67 ART463 N2 ART722 N2 ART755 N2 ART882 ART897 N3 N4 ART904 ART905 N3 ART1060 N2. CCIV66 ART1403 N1 ART1409 N1 N3 ART1412 N1 ART1714 N1 N2 ART1722 N1 A C N2 D ART1727. CPC39 ART848 N7 ART892. CCIV867 ART1566. CPC61 ART905 N2. CIMSISD91 ART8 N10.
Jurisprudência Nacional: ASS DE 1931/07/21 IN RLJ ANO64 P184. AC STJ DE 1982/04/22 IN RLJ ANO119 PAG55.
Sumário : I - Em acção de divisão de coisa comum, os comproprietários podem exercer na arrematação o direito de preferência que lhes confere o artigo 1409 n. 1 do Código Civil. II - Se a autora e a ré, titulares do direito de preferência, se apresentaram a preferir, logo após o termo da licitação, exerceram tempestivamente o seu direito, e quanto à legitimidade do autor, não se justifica a distinção entre legitimidade (substantiva) para preferir e legitimidade (processual) para licitar. III -...
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