Acórdão nº 074550 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1987 (caso NULL)
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 05 de Maio de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR OBG / DIR CONTRAT / DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART277 N1 ART434 ART1024 N1 ART1051 N1 C N2.
JurisprudÍncia Nacional: AC STJ DE 1968/01/06 IN BMJ N173 PAG271. AC STJ DE 1969/07/20 IN RLJ ANO103 PAG468. AC RE DE 1981/02/12 IN CJ ANOVI PAG107.
Sum·rio : - O direito de preferencia, como direito real de aquisiÁ„o, e dotado de eficacia erga omnes e prevalece, logo que se verifiquem os pressupostos do seu exercicio (venda, ou daÁ„o em cumprimento, de imovel, ou direito, sobre que incide) relativamente a qualquer outro direito que em momento posterior se constitua sobre o respectivo objecto. II - O reconhecimento judicial do direito de preferencia retroage os seus efeitos ao momento da verificaÁ„o dos respectivos pressupostos, isto e, ao momento da...
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