Acórdão nº 087653 de Supremo Tribunal de Justiça (Portugal), 05 de Dezembro de 1995
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 05 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART416 N1. CPC67 ART268 ART273 N2 ART498.
Jurisprudência Nacional: AC STJ DE 1986/11/04 IN BMJ N361 PAG481.
Sumário : I - O exercício do direito de preferência pressupõe a ocorrência de factos "sine qua non", como sejam a decisão, do obrigado à preferência, de efectuar o negócio previsto e a oportuna comunicação de aceitação, pelo preferente, das condições do negócio que o obrigado faria com terceiro. II - O condicionalismo do exercício do direito de preferência deve ser perspectivado à luz do princípio da boa fé e a confiança decorrente dos comportamentos assumidos pelas partes. III - Se o obrigado à preferência realiza um concurso público para efeitos do negócio previsto e se o preferente, não tendo apresentado a melhor proposta, logo declarar não prescindir da preferência, por escrito, dentro de 8 dias, e se o obrigado à preferência...
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