Acórdão nº 079241 de Supremo Tribunal de Justiça (Portugal), 24 de Janeiro de 1991 (caso NULL)
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 24 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT / DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART217 ART298 N2 ART416 N1 N2 ART1117 ART1410. CPC67 ART256 ART664 ART892 N1 N2.
Sum·rio : I - A renuncia, como acto juridico pelo qual alguem se demite de um direito sem o ceder ou atribuir a outrem, tem na sua base, em regra, uma declaraÁ„o negocial que, conforme o artigo 217 do Codigo Civil, pode ser expressa ou tacita, e n„o deriva ou resulta, por si, do decurso de um prazo, enquanto a caducidade, consistindo na perda de um direito pelo seu n„o exercicio dentro de certo prazo, ate certa data ou em determinado momento, n„o esta dependente e nem se apoia em qualquer tipo de declaraÁ„o (artigo 298 n. 2 do Codigo Civil). II - O n„o exercicio do direito de preferencia no acto da praÁa pelo respectivo titular, que para isso esteja notificado nos termos do n. 1 do artigo 892 do Codigo de Processo Civil, deve qualificar-se de caducidade e n„o de renuncia. III - Atenta a especificidade da venda judicial por arremataÁ„o em hasta publica, a comunicaÁ„o a fazer ao titular do direito de preferencia nos termos do n. 1 do artigo 416 do Codigo Civil e naquela venda, substituida pela notificaÁ„o referida no n. 1 do artigo 892 do Codigo de Processo Civil. IV - Porque destinada ao exercicio de um direito e acto pessoal, esta notificaÁ„o deve ser feita pessoalmente e com aplicaÁ„o das regras da citaÁ„o (artigo 256 do Codigo Civil), equivalendo a sua falta a falta de notificaÁ„o ou aviso previo na venda particular (n. 2 do artigo 892). V - Se o titular do direito n„o for assim notificado, n„o tem que arguir a nulidade da arremataÁ„o, mas fica com a faculdade de exercer o...
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