Acórdão nº 080458 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1991
Magistrado Responsável | CABRAL DE ANDRADE |
Data da Resolução | 24 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART710 N2 ART722. L 38/87 DE 1987/12/23 ART29. CCIV66 ART236 N1 ART238 N1 ART342 ART1377 ART1380 N1 ART1381. DL 794/76 DE 1976/11/05 ART1. PORT 202/70 DE 1970/04/21.
Jurisprudência Nacional: AC STJ DE 1951/06/26 IN BMJ N25 PAG329. AC STJ DE 1951/07/24 IN BMJ N26 PAG239. AC STJ DE 1978/01/30 IN BMJ N277 PAG323.
Sumário : I - Interposto recurso de revista em acção de preferência, é irrelevante para a decisão da causa o facto de ao alienante do prédio dever ou não ser reconhecida legitimidade passiva. II - A questão da determinação da vontade real dos outorgantes é matéria de facto, cujo conhecimento está vedado ao Supremo Tribunal de Justiça, como tribunal de revista. III - A interpretação de uma declaração negocial só pode ser considerada como matéria de direito quando tenha de ser feita segundo critério ou critérios legais. IV - Quem pretende que lhe seja reconhecido um direito real de...
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