Acórdão nº 96A350 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1996 (caso NULL)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 12 de Novembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART292 ART342 N1 ART410 ART440 ART441 ART442 N3 ART805 N1 ART830 N1 N2 N3 ART939.
Sumário : I - O contrato-promessa em que uma das partes se obrigou a vender um terreno, por certo preço, e a outra se obrigou a vender à primeira fracções autónomas, cujo preço seria compensado naquele, e a pagar em dinheiro a parte restante do preço, integra apenas um contrato-promessa de natureza complexa, de compra e venda e de troca, cuja regulamentação deve ser influenciada pela espécie das prestações a cargo de cada uma das parte. II - No caso de nulidade parcial do contrato, cabe à parte interessada na sua nulidade total o ónus da prova dos factos respeitantes à exclusão da vontade presumida ou hipotética dos contraentes no sentido da manutenção do negócio na parte não viciada. III - Na hipótese do...
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