Acórdão nº 96B309 de Supremo Tribunal Administrativo (Portugal), 20 de Fevereiro de 1997 (caso None)
Magistrado Responsável | JOAQUIM DE MATOS |
Data da Resolução | 20 de Fevereiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR JUDIC - ORG COMP TRIB. DIR CIV - TEORIA GERAL / DIR OBG / DIR FAM.
Legislação Nacional: CPC67 ART668 N1 D E ART684 N3 ART690 N1 N3 ART721 N2 N3 ART722 N2. LOTJ87 ART29. CCIV66 ART217 ART218 ART410 N2 ART436 ART441 ART442 N2 N3 ART550 ART830 ART1682 N1 N3 ART1682-A ART1682-B ART1683 ART1684. DL 236/80 DE 1980/07/18. DL 379/86 DE 1986/11/11. L 46/85 DE 1985/09/20 ART44.
Jurisprudência Nacional: ASS STJ DE 1989/12/19 IN DR IS 1990/02/23. ASS STJ DE 1985/01/30 IN BMJ N343 PAG147. AC STJ DE 1993/12/09 IN CJSTJ ANOI TIII PAG170. AC STJ DE 1991/04/24 IN BMJ N406 PAG634. AC STJ DE 1992/03/19 IN BMJ N415 PAG525.
Sumário : I - Havendo o contrato-promessa de compra e venda sido celebrado em 1978, antes, pois, da entrada em vigor dos Decretos-Leis 236/80 de 18 de Julho, e 379/86, de 11 de Novembro, e sendo o incumprimento desse contrato posterior à entrada em vigor do Decreto-Lei 379/86, o regime geral de aplicação da lei no tempo consagrado no artigo 12 do CCIV66 aponta para a aplicação da lex contractus aos seus efeitos...
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