Acórdão nº 082909 de Supremo Tribunal de Justiça (Portugal), 31 de Março de 1993
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 31 de Março de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART298 N2 ART342 N2 ART344 ART416 ART1117 N2 ART1409 N1 ART1410 N1 ART1416. CRP84 ART1 ART7. CPC67 ART668 N1 D ART731 N2.
Sumário : I - É de caducidade o prazo dentro do qual o direito de preferência deve ser exercido (artigos 1410 e 1117, n. 2 do Código Civil). II - A prova da ocorrência da caducidade recai sobre quem a alega e dela aproveita. III - Para o direito de preferência pode ser exercido, não basta a mera noticia da venda, havendo mais que ter conhecimento do preço real, das condições do pagamento, da data prevista para a escritura - daqueles factores decisivamente determinantes na formação da vontade de preferir ou não. IV - A comunicação ao preferente do negócio projectado vale como declaração...
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