Acórdão nº 072158 de Supremo Tribunal de Justiça (Portugal), 28 de Fevereiro de 1985
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 28 de Fevereiro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART144 N3 N4 ART1440 N3 N4 ART1460 ART1465 N1 C N2 ART1468. CCIV66 ART1410 N1. L 63/77 DE 1977/08/25 ART30.
Sumário : I - No caso do exercicio da preferencia quando a alienação ja tenha sido efectuada e o direito caiba a varias pessoas, pode haver dois prazos para a propositura da acção de preferencia: o de seis meses, consignado no artigo 1410, n. 1, do Codigo Civil, e o prazo adicional de trinta dias, fixado na alinea c) do n. 1 do artigo 1465 do Codigo de Processo Civil. II - Por efeito do disposto no n. 2 do artigo 1465 do Codigo de Processo Civil e considerada tempestiva a acção de preferencia, desde que o processo preliminar dos artigos 1460 e 1465, do mesmo Codigo, seja instaurado no prazo de seis meses estabelecido no artigo 1410, n. 1, do Codigo Civil. III - Determinada, porem, a titularidade do direito de preferencia, atraves do processo de notificação previsto...
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