Acórdão nº 072791 de Supremo Tribunal de Justiça (Portugal), 10 de Outubro de 1985
Magistrado Responsável | GOIS PINHEIRO |
Data da Resolução | 10 de Outubro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART1566. CCIV66 ART328 ART1410 N1. CPC61 ART198 N3 ART229 N2 ART242 N1 ART256. DL 121/76 DE 1976/02/11.
Jurisprudência Nacional: AC STJ DE 1980/01/10 IN BMJ N293 PAG273.
Sumário : I - A exigencia que o texto legal - n. 1 do artigo 1410 do Codigo Civil -, faz da obrigatoriedade do deposito no começo da acção e imposta pela necessidade de garantir, na medida do possivel, a utilidade real da acção, forçando o preferente a apresentar de imediato os meios necessarios a aquisição que se propõe. II - E o prazo de oito dias, embora respeite a um acto que se integra no encadeado daqueles que constituem o processo - o deposito - não e de natureza processual mas sim de natureza substantiva. III - O requerimento e o deposito são condições de exito do direito de preferir, são elementos constitutivos desse direito, respeitam aos proprios interesses materiais ou substantivos, que são da alçada da lei civil, e a inobservancia de qualquer dos prazos - para requerer o seu exercicio ou para efectuar o deposito - fazem-no precludir, são prazos de caducidade. IV - O inicio do prazo para o deposito do preço depende da...
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