Acórdão nº 070044 de Supremo Tribunal de Justiça (Portugal), 01 de Julho de 1982
Magistrado Responsável | MARIO DE BRITO |
Data da Resolução | 01 de Julho de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 ART441 ART442 ART577 ART582 N1 ART822 N1 ART830 ART874. CPC67 ART1134 N6 ART1235 N3 ART1315.
Sumário : I - A cessão de crédito pode ser objecto de contrato-promessa (artigos 410 e 577 do Código Civil). II - A cessão de crédito é um negócio de causa variável ou policausal, podendo ter por base uma venda, uma doação, uma dação em cumprimento, uma doação pro solvendo, etc (artigo 577 do Código Civil). III - Se a cessão de crédito tiver na base uma venda o contrato-promessa não pode deixar de ser um contrato-promessa de compra e venda, insusceptível de execução específica visto que, por força do artigo 441 do Código Civil, as quantias entregues pela recorrente para pagamento...
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