Direito de preferência
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 98-99 |
Page 98
adj. (lat. directu).
s.c.: que não é torto; recto; aprumado.
s.f. (lat. praeferre).
s.c.: acto ou efeito de preferir; predilecção; escolha.
Os titulares do direito de preferência na alienação dos bens são notificados do dia, hora e local aprazados para a abertura das propostas, a fim de poderem exercer o seu direito no próprio acto, se alguma proposta for aceite.
Page 99
A falta de notificação tem a mesma consequência que a falta de notificação ou aviso prévio na venda particular.
A frustração da notificação do preferente não preclude a possibilidade de propor acção de preferência, nos termos gerais.
A preferência na alienação de quinhões hereditários dos interessados na partilha pode ser exercida, incidentalmente, no processo de inventário, salvo se envolver a resolução de questões de facto cuja complexidade se revele incompatível com a tramitação daquele processo.
O incidente suspende os termos do processo a partir do momento em que deveria ser convocada a conferência de interessados.
O não exercício da preferência no inventário não preclude o direito de intentar acção de preferência, nos termos gerais.
Se for exercido direito de preferência fora do processo de inventário, pode determinar-se, oficiosamente ou a requerimento de algum dos interessados directos na partilha, a suspensão do inventário.
Remissões:
arts. 876.º, 877.º/1, 892.º/1, 914.º/1 e 1333.º C.P.C..
arts. 1380/1.º, 1409.º/1, 1535.º/1, 1555.º/1 e 2130.º/1 C.C..
Jurisprudência:
Ac. S.T.J., de 18/4/02, in Sumários, 4/2002.
História:
O art. 848.º do Código de 1876...
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