Acórdão nº 086781 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1995 (caso None)
Magistrado Responsável | FERNANDES MAGALHÃES |
Data da Resolução | 03 de Outubro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA IN RLJ ANO104 PAG9. RODRIGUES BASTOS IN CPC VOLIII PAG352.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART236 ART237 ART238 N1 ART762 N2 ART799 N1. DL 448/91 DE 1991/11/29 ART53. DL 400/84 DE 1984/12/31 ART57. CPC67 ART712.
Jurisprudência Nacional: AC STJ DE 1989/11/07 IN BMJ N391 PAG565. ASS STJ DE 1987/07/21 IN DR IS DE 1987/10/30. ASS STJ DE 1987/11/19 IN DR IS DE 1988/01/12. ASS STJ DE 1989/10/03 IN DR IS DE 1989/12/06. AC STJ DE 1988/02/02 IN BMJ N374 PAG436. AC STJ DE 1990/01/24 IN AJ ANO5 PAG12. AC STJ DE 1987/11/10 IN BMJ N371 PAG414. AC STJ DE 1994/11/22 IN CJSTJ ANOII TIII PAG154.
Sumário : I - Os recursos não visam apreciar questões não decididas pelo tribunal "a quo". II - A arguição da nulidade do contrato promessa de compra e venda por ele ter por objecto a realização de um contrato de compra e venda de um lote de terreno para construção não titulado por alvará, não significa, porém, uma impossibilidade originária do objecto do contrato, e só esta produz nulidade do mesmo...
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