Acórdão nº 073733 de Supremo Tribunal de Justiça (Portugal), 20 de Novembro de 1986
Magistrado Responsável | TINOCO DE ALMEIDA |
Data da Resolução | 20 de Novembro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT PROFS P LIMA E A VARELA CCIV ANOI VII PAG229 E RLJ ANO110 PAG213.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART280 ART410 ART442 ART830 ART1272 ART1305 ART1311 N2. CPC67 ART729 N2. EDITAL CAMARARIO 60/79 IN DR N145 IIIS DE 1979/06/26.
Jurisprudência Nacional: AC STJ DE 1980/01/29 IN BMJ N293 PAG341. AC STJ DE 1976/05/18 IN BMJ N257 PAG96.
Sumário : I - Não e possivel, legalmente, a promessa de doação, não so porque não e passivel da regulamentação estabelecida para os contratos-promessa, designadamente nos artigos 442 e 830 do Codigo Civil, com especial relevo para a inadmissibilidade de se impor ao promitente-doador a celebração do contrato de doação prometido, no caso de ele voluntariamente não se prestar a realização desse contrato, pois que tal imposição brigaria com a caracteristica fundamental da doação, ou seja, o espirito de liberalidade, o animus donandi, inexistente quando o "autor da atribuição cumpre, apenas, um dever juridico, uma vez que tal espirito de liberalidade implica a ideia de generosidade ou espontaneidade oposta a de necessidade ou de dever". II - A nulidade do...
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