Acórdão nº 079972 de Supremo Tribunal de Justiça (Portugal), 08 de Maio de 1991
Magistrado Responsável | SIMÕES VENTURA |
Data da Resolução | 08 de Maio de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART408 ART410 N1 ART413 N1 N2 ART441 ART442 ART830 ART1317 A. DL 379/86 DE 1986/11/11. CRP84 ART2 N1 A ART3 N1 A ART5 N1.
Sumário : I - Um contrato-promessa de compra e venda produz somente efeitos "inter partes", tendo eficacia meramente obrigacional. II - As partes podem, porem, atribuir a promessa de alienação ou oneração de bens imoveis, ou de moveis sujeitos a registo, efeitos relativamente a terceiros, ou seja, eficacia real, desde que se verifiquem os tres pressupostos taxativamente indicados no artigo 413 do Codigo Civil. III - A circunstancia de o promitente vendedor haver alienado o lote de terreno a terceiro, faz extinguir a obrigação de contratar, por ser evidente que o mesmo ja não podera vender ao promitente comprador o que deixou de pertencer-lhe. IV - O registo de acções, previsto no artigo 3 do Codigo do Registo Predial, enquanto reportado ao contrato- -promessa, e o registo de acções que visem fazer...
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