Acórdão nº 0072466 de Supremo Tribunal Administrativo, 19 de Janeiro de 1995
Magistrado Responsável: | SILVA SALAZAR |
Data da Resolução: | 19 de Janeiro de 1995 |
Emissor: | Supremo Tribunal Administrativo |
Acordam no Tribunal da Relação de Lisboa: - Intitulando-se arrendatário habitacional do 1. andar esquerdo de um prédio urbano que identifica, prédio esse não constituído no regime de propriedade horizontal e que foi vendido pela primeira ré, (E), sua anterior senhoria, aos demais réus, sem que a ele autor tenha sido dado prévio conhecimento dos elementos essenciais da alienação, veio (J) instaurar contra (E) e (A) e mulher, (G), acção com processo ordinário, com vista ao exercício do direito de preferência de que se diz titular, pedindo a condenação dos réus a reconhecerem o direito dele autor de haver para si o dito prédio, na sua totalidade, operando-se a substituição daqueles réus adquirentes pelo preferente, ora autor, devendo aqueles restituir as rendas recebidas desde a data da escritura de compra e venda até decisão final calculando-se então o valor. Após depósito, pelo autor, do preço, que era de 9200000 escudos, os réus contestaram, em parte por impugnação e, em parte, sustentando que o autor não tinha direito de preferência precisamente porque só o poderia ter em relação ao andar que lhe estava arrendado, o que era impossível por o objecto da venda ser todo o prédio, não constituído em propriedade horizontal, além de que o prédio tinha mais inquilinos, não tendo o autor feito uso prévio do processo de notificação para preferência; daí que concluam pela improcedência da acção. Em réplica, o autor rebateu a matéria de excepção. Proferido despacho saneador que decidiu não haver excepções nem nulidades secundárias, foram elaborados especificação e questionário. Apenas daquela reclamou o autor, tendo a sua reclamação sido deferida por ter havido manifesto lapso na redacção inicial de uma das alíneas da mesma peça. Oportunamente teve lugar a audiência de discussão e julgamento, tendo sido dadas respostas aos quesitos, após o que foi proferida sentença que julgou a acção procedente, condenando os réus no pedido. Apelaram os réus. Os adquirentes, - (A) e mulher -, porém, só extemporâneamente apresentaram alegações, que por isso foram desentranhadas, tendo o seu recurso sido julgado deserto. Já a ré (E) apresentou alegações tempestivas, que terminou pelas seguintes conclusões: 1) O art. 47 do RAU não reconhece ao autor direito de preferência na venda do prédio a que os autos se reportam; 2) A entender-se de forma diversa, e por especificado que havia outros inquilinos habitacionais, deveria o autor ter usado o meio processual previsto no art. 1465 do CPC, que é absolutamente indispensável para determinar quem de entre os preferentes pode arrogar-se o direito de preferência. Por isso entende que a sentença deve ser revogada, com a absolvição da ré do pedido. O autor contra-alegou, sustentando a confirmação da sentença. Colhidos os vistos legais, cabe decidir, com base nos seguintes factos, que se encontram assentes: 1) Entre os réus (E) e (A) foi celebrado o contrato constante da certidão de fls. 24 e seguintes, que se reporta ao prédio descrito na certidão de fls. 84 e seguintes e cuja propriedade está inscrita a favor do réu (A), conforme essa certidão; 2) O autor é arrendatário habitacional do 1. andar esquerdo do prédio em causa, sendo a renda mensal de 2467 escudos; 3) Tal prédio tem, para além do autor, os inquilinos habitacionais constantes do art. 3 da contestação da ré (E); 4) O arrendamento referido no n. 2 teve início em 1970, vivendo o autor com o seu agregado familiar, desde então, no locado; 5) A ré (E), atráves de procurador, enviou ao autor, e este recebeu, a carta constante do documento de fls. 14; 6) A que o autor respondeu pela carta constante do documento de fls. 15; 7) Na sequência da troca de correspondência referida, foram enviadas as cartas constantes dos documentos de fls. 16 e 19, as quais foram recebidas pelos seus destinatários; 8) Posto o que a ré (E) apenas informou o autor, da alienação do prédio em causa nos termos indicados no n. 1, atráves de carta constante do documento de fls. 20; 9) O autor, antes de propor a presente acção, notificou por carta registada com...
Para continuar a ler
PEÇA SUA AVALIAÇÃOGood news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Pesquisas relacionadas: