Acórdão nº 072527 de Supremo Tribunal de Justiça (Portugal), 09 de Maio de 1985
| Magistrado Responsável | LIMA CLUNY |
| Data da Resolução | 09 de Maio de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT C ABREU ABUSO DIR PAG67.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART244 ART334 ART1305 ART1376 ART1380. CRP83 ART12. CRP85 ART8. CPC67 ART646 N3 ART712 N2 ART722 N2.
Sumário : I - Ao Supremo Tribunal de Justiça é vedado apreciar questões novas, não decididas pelas instâncias. II - Mas pode interpretar as respostas do colectivo, sem ofensa do disposto no artigo 722, n. 2 do Código de Processo Civil. III - Nas acções de preferência não há que pedir o cumulamento do registo da aquisição do imóvel, mas a substituição dos compradores pelos preferentes. IV - Desde que os Réus, de acordo com terceiro, quiseram comprar o prédio sobre o qual tinham o direito de preferência, para mais tarde o venderem a esse terceiro, não há reserva mental, por a sua declaração de compra não ser contrária à sua vontade real. V - E com esse acordo não cometeram o abuso de direito, pois...
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