Acórdão nº 084337 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1994
Magistrado Responsável | ARAUJO RIBEIRO |
Data da Resolução | 02 de Março de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART201 N1 ART514 N1 ART672 ART676 N1 ART680 N2 ART897 N1.
Sumário : I - Admitido, numa arrematação, e finda a licitação, o direito de preferência invocado, não é possivel apreciar, nesse acto, a nulidade, por simulação, dos contratos de arrendamento em que se filiou aquele direito, mas sim no processo próprio de declaração. II - Assim, se o licitante, no acto da arrematação, não recorreu nem arguíu nulidades quanto à admissão do preferente, deixou transitar em julgado essa decisão, e não pode, mais tarde, invocar a simulação dos contratos em que se fundamentou o direito de preferência. III - A...
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