Acórdão nº 084134 de Supremo Tribunal Administrativo (Portugal), 10 de Novembro de 1993 (caso None)
Magistrado Responsável | PAIS DE SOUSA |
Data da Resolução | 10 de Novembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART668 B ART722 N2 ART729 N2. CCIV66 ART253 N1 ART254 ART405 ART550 ART566 N1 N2 ART762 ART798 ART804 ART809 ART810 ART811.
Jurisprudência Nacional: AC STJ DE 1979/07/28 IN BMJ N288 PAG352. AC STJ DE 1984/04/10 IN BMJ N336 PAG372. AC STJ DE 1977/10/20 IN BMJ N270 PAG229. AC STJ DE 1977/12/07 IN BMJ N272 PAG152. AC STJ DE 1978/01/09 IN BMJ N273 PAG211. AC STJ DE 1973/07/03 IN BMJ N229 PAG155. AC STJ DE 1975/04/08 IN BMJ N246 PAG131. AC STJ DE 1984/01/05 IN BMJ N333 PAG398.
Sumário : I - Fora das situações excepcionais previstas no artigo 722 n. 2 do Código do Processo Civil de 67, não compete ao Supremo censurar os factos que a Relação julgou provados e as ilacções lógicas deles extraídas. II - É nula, nos termos do artigo 254 do Código Civil de 66, a cláusula de um contrato-promessa de compra e venda do direito de ocupação, para sempre e durante certo mês de cada ano, de apartamento em regime de propriedade horizontal de certo aldeamento turístico, em que se dispõe que "no caso de a promitente vendedora faltar ao cumprimento do contrato-promessa, obriga-se a restituir as quantias recebidas do promitente comprador, acrescidas de um juro de 6% ao ano sobre essas importâncias, como indemnização total", bem como aquela em que se dispõe que "no caso do promitente comprador ter celebrado contrato de exploração relativo áquele direito de ocupação não lhe é reconhecida qualquer indemnização resultante da rescisão prevista na anterior cláusula", se o promitente comprador assinou o contrato, com inclusão dessas cláusulas, mercê do dolo do promitente vendedor, não se provando, todavia...
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