Acórdão nº 0040296 de Court of Appeal of Lisbon (Portugal), 04 de Junho de 1992
Magistrado Responsável | TORRES VEIGA |
Data da Resolução | 04 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: ANTUNES VARELA IN CÓDIGO CIVIL ANOTADO 3ED PAG71.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART432 ART442 N2 ART808.
Jurisprudência Nacional: AC STJ DE 1983/11/08 IN RLJ ANOCXVIII PAG271. AC STJ DE 1987/02/03 IN TJ N28 ABRIL 87. AC RP DE 1979/01/04 IN CJ ANOIV T1 PAG237.
Sumário: I - Estipulando-se num contrato-promessa que a escritura de compra e venda será realizada 30 dias após a venda de uma casa que o promitente comprador possui ou caso esta não se verifique, no prazo máximo de 180 dias a contar da data do contrato-promessa, entende-se que este prazo de 180 dias foi acordado para o caso de se não verificar a venda da casa do promitente comprador. II - Não se tendo fixado prazo para a venda da referida casa, o promitente vendedor só pode valer-se da observância do prazo de 180 dias, se alegar e provar que ocorreu a...
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