Acórdão nº 076355 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1988 (caso NULL)
Magistrado Responsável | SOARES TOME |
Data da Resolução | 14 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA COD CIV ANOT VII PAG60. VAZ SERRA RLJ ANO100 PAG253.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART227 ART442 N2 ART791 ART801 ART892. CPC67 ART660 N2 ART668 N1 D.
Sumário : I - O acordão da Relação não e nulo, por omissão de pronuncia, pois não se conheceu do recurso subordinado, por prejudicado pela solução dada ao recurso principal - - artigo 660, n. 2 do Codigo de Processo Civil. II - Tendo a Relação considerado juridicamente valido o contrato-promessa, apesar de os Autores o arguirem de nulo, e não tendo estes impugnado, em via de recurso, esse reconhecimento, tem-se como assente, nestes autos, o contrato-promessa como juridicamente valido. III - A Re prometeu vender aos Autores um lote de terreno que ja tinha anteriormente vendido a outrem, tendo estes conhecimento dessa venda posteriormente ao contrato-promessa e não o teriam prometido comprar se o soubessem e a Re não recuperou o lote vendido. IV - Ora, ha impossibilidade (objectiva ou subjectiva, nos termos do artigo 791 do Codigo Civil) da prestação, não so quando esta se torna seguramente inviavel, mas tambem quando a probabilidade da sua realização, por não depender apenas de circunstancias controlaveis pela vontade do devedor, se torna...
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