Acórdão nº 086825 de Supremo Tribunal Administrativo (Portugal), 22 de Novembro de 1995 (caso None)
| Magistrado Responsável | CARDONA FERREIRA |
| Data da Resolução | 22 de Novembro de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART830 N5.
Sumário : I - Num caso de contrato-promessa atinente a compra e venda, tem de considerar-se por pagar a verba que não se provou já ter sido entregue para o promitente-vendedor, ainda que subsistam dúvidas sobre se, esta, terá sido maior; é uma questão de ónus de prova. II - O interessado na compra não pode ser responsabilizado e penalizado por não ter feito o depósito da venda não paga se o Tribunal de 1. instância, onde tal deveria ter acontecido, não lhe fixou prazo para o efeito, tendo considerado que a acção improcederia por outra razão; donde, poder haver, nessa perspectiva provável inutilidade de eventual...
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