Acórdão nº 073707 de Supremo Tribunal Administrativo (Portugal), 29 de Abril de 1986 (caso None)
Magistrado Responsável | ALMEIDA RIBEIRO |
Data da Resolução | 29 de Abril de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RLJ ANO108 PAG280.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART227 N1 ART287 N2 ART288 N2 ART292 ART293 ART436 N1 ART808 N1 ART830 ART1682 A N1 A ART1687 N3. CRP67 ART126 N1. DL 236/80 DE 1980/07/18 ART2.
Jurisprudência Nacional: AC STJ DE 1977/04/26 IN RLJ ANO111 PAG106. AC STJ DE 1985/04/11 IN BMJ N346 PAG221. AC STJ DE 1985/03/21 IN BMJ N345 PAG410.
Sumário : I - E valido o contrato-promessa de compra e venda, assinado so pelo promitente vendedor, se, paralelamente ao contrato, houver elementos mostrando que o promitente comprador quis de facto obrigar-se, como seja a existencia de correspondencia na qual este mantem a vontade de comprar. II - O artigo 830 do Codigo Civil, na redacção do Decreto-Lei n. 236/80, de 18 de Julho, e aplicavel as hipoteses em que o incumprimento se tenha verificado apos a entrada em vigor daquele decreto-lei, em 18 de Julho de 1980. III - Tendo sido clausulado que a escritura de compra e venda devia ser lavrada em 20 de Janeiro de 1979, mas tendo as partes promitentes, posteriormente a essa data, trocado correspondencia (ate 16 de Outubro de 1981) e efectuado registos provisorios de aquisição (o ultimo dos quais em 25 de Março de 1980), e de concluir que a data indicada para a escritura não era essencial e foi alterada para data posterior ao Decreto-Lei n. 236/80, pelo que o referido artigo 830, na redacção deste...
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