Acórdão nº 9721319 de Supremo Tribunal Administrativo (Portugal), 27 de Janeiro de 1998 (caso None)
Magistrado Responsável | NORMAN DE MASCARENHAS |
Data da Resolução | 27 de Janeiro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART216 ART289 N1 N3 ART410 N3 ART550 ART562 N2 ART804 ART805 N1 N3 ART1253 ART1259 N1 ART1260 N1 N2 ART1270 N1 ART1271 ART1273. CPC67 ART661 N2.
Jurisprudência Nacional: AC STJ DE 1991/06/06 IN BMJ N408 PAG431. AC STJ DE 1993/03/31 IN BMJ N425 PAG634. AC STJ DE 1993/12/09 IN BMJ N432 PAG362. AC STJ DE 1995/04/26 IN BMJ N446 PAG262. AC STJ DE 1992/02/13 IN BMJ N414 PAG430. AC STJ DE 1975/11/28 IN BMJ N251 PAG135. AC STJ DE 1980/01/29 IN BMJ N293 PAG341.
Sumário: I - Nos casos de invalidade negocial do contrato promessa de compra e venda, por vício de forma, a concomitante restituição das mútuas prestações, entretanto efectuadas pelos contraentes, decorre directamente do comando contido no artigo 289 do Código Civil, rege-se pelas normas que regulam o instituto da posse e não também pelas do enriquecimento sem causa. II - Tendo sido a prestação do promitente comprador ( sinal ) em dinheiro, a sua restituição, pelo promitente vendedor, há-de fazer-se em igual quantia em dinheiro, pois não se tratando de uma obrigação de valor, mas meramente pecuniária, está sujeita ao princípio nominalista que não admite qualquer actualização monetária de índole compensatória. III - Os juros moratórios não são um efeito directo ou automático da invalidade contratual, mas um efeito indirecto, eventual e ulterior derivado unicamente do incumprimento pontual do dever repristinatório que...
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