Acórdão nº 98B752 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1998
Magistrado Responsável | MOURA CRUZ |
Data da Resolução | 29 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART238 N1 ART410 N3 ART830 N1 N2 N3.
Jurisprudência Nacional: AC STJ DE 1981/04/29 IN BMJ N306 PAG254. AC STJ DE 1983/07/07 IN BMJ N329 PAG531.
Sumário : I - A presunção do n. 2 do artigo 830 do Código Civil é uma mera presunção "juris tantum" e só cede perante uma vontade real em sentido oposto. II - O contrato-promessa de compra e venda de prédio rústico é um negócio formal, pelo que a vontade de sujeitar a promessa a execução específica tem de possuir no texto do contrato um mínimo de correspondência - conf. artigos...
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