Acórdão nº 0033286 de Supremo Tribunal Administrativo (Portugal), 28 de Novembro de 1991 (caso None)
Magistrado Responsável | SILVA SALAZAR |
Data da Resolução | 28 de Novembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: L 63/77 DE 1977/08/25 ART3. CCIV66 ART9 ART270 ART334 ART416 ART417 ART418 ART1410. CPC67 ART660 N2 ART663 ART684 N3 ART690 N3.
Jurisprudência Nacional: AC STJ DE 1982/05/25 IN BMJ N317 PAG269. AC STJ DE 1985/06/27 IN BMJ N348 PAG422. AC STJ DE 1986/05/20 IN BMJ N357 PAG418. AC STJ DE 1987/05/05 IN BMJ N367 PAG493. AC RC DE 1983/11/08 IN CJ ANOVIII T5 PAG39. AC RC DE 1985/01/15 IN CJ ANOX T1 PAG64. AC RP DE 1989/10/26 IN CJ ANOXIV T4 PAG227. AC RC DE 1987/11/17 IN CJ ANOXII T5 PAG34.
Sumário: I - Feita pelo obrigado à observância do direito de preferência, ao titular deste, a comunicação a que se refere o artigo 416 n. 1 do Código Civil, aquele apenas pode celebrar o contrato projectado com pessoa distinta do titular do direito após o termo do prazo concedido a este, e se o notificado nada disser nesse prazo, ou, ainda dentro do mesmo prazo, após o notificado ter declinado a preferência. II - Se dentro desse prazo, e antes de o...
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