Acórdão nº 087247 de Supremo Tribunal de Justiça (Portugal), 12 de Dezembro de 1995 (caso NULL)
Magistrado Responsável | LOPES PINTO |
Data da Resolução | 12 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CCIV66 ART236 ART237 ART436 ART808 N1.
Sumário : I - Celebrado um contrato de promessa de compra e venda de habitação e fixado, a pedido do promitente comprador, o prazo de 120 dias para lhe permitir a obtenção de um empréstimo bancário, na modalidade poupança-habitação, e prorrogado suplementarmente este prazo, por 8 dias, pelo promitente vendedor, sem que o promitente comprador haja marcado data para a realização da escritura de compra e venda, tendo havido, posteriormente, troca de correspondência entre as partes, em que esteve sempre presente a celebração do contrato prometido, pode concluir-se que se não quis fixar um prazo absolutamente fixo mas tão só relativamente fixo. II - Na hipótese prevista no anterior item rege a II parte do n. 1 do artigo 808 do Código Civil e não a I parte do mesmo incisivo. III - Sabendo o promitente-vendedor que a outra parte ia pedir um empréstimo bancário para adquirir a habitação, na modalidade poupança crédito, tomando-se como referência a pessoa normal e de diligência...
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