Acórdão nº 080813 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1992
Magistrado Responsável | RUI BRITO |
Data da Resolução | 23 de Junho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART331 N2 ART416 N1 N2 ART879 ART1410 N1. L 63/77 DE 1977/08/25 ART1 N1 ART3.
Sumário : I - A comunicação ao preferente do projecto de venda e das cláusulas do respectivo contrato não tem de ser por escrito, podendo ser verbal contanto que se prove (artigo 416 do Código Civil). II - Se o preferente tiver conhecimento oral de quem é o interessado comprador e receber do obrigado uma carta em que este indica o preço pelo qual se fará a venda do imóvel pormenorizando as datas para o pagamento em prestações, e pede expressamente ao preferente que, "dentro de oito dias seguintes à recepção da carta e de acordo com o n. 2 do artigo 416 do Código Civil informe se deseja ou não exercer o direito de preferência, sendo certo que a falta de resposta dentro daquele prazo corresponde à caducidade do seu direito", e o preferente, antes de decorridos os aludidos oito dias, responder que "em princípio não estava interessado na compra do prédio", deve entender-se que exprimiu uma renúncia do seu...
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