Acórdão nº 97A676 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1997
Magistrado Responsável | PAIS DE SOUSA |
Data da Resolução | 25 de Novembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR REGIS NOT. DIR CIV - TEORIA GERAL.
Legislação Nacional: L 46/85 DE 1985/09/20 ART44. CCIV66 ART285 ART287 ART294 ART295 ART334.
Sumário : I - O artigo 44 da Lei 46/85, de 20 de Setembro, que dispõe que nas escrituras públicas de transmissão de propriedade de prédios urbanos deve sempre ser feita menção da existência de licença de construção ou de utilização, quando exigível, tem carácter imperativo, uma vez que se destinou a combater a construção e o comércio de construções clandestinas, e, portanto, não licenciadas. II - Tal carácter imperativo verifica-se mesmo no âmbito de negociação particular feita em processo executivo. III - Daí que a violação dessa norma dê lugar à aplicação do preceituado no artigo 294 do CCIV66, que determina a nulidade dos negócios jurídicos celebrados contra disposição legal de carácter imperativo. IV - A nulidade prevista por esse artigo 44 só deve ter lugar na ausência absoluta de qualquer das licenças a que alude, e não quando exista...
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