Acórdão nº 082695 de Supremo Tribunal Administrativo (Portugal), 10 de Novembro de 1992 (caso None)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 10 de Novembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL VII 3ED PAG73.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART407 ART413 ART442 N2 ART801 N1 ART830. DL 236/80 DE 1980/07/18 ART2. CPC67 ART661 N1.
Sumário : I - Tendo o contrato-promessa sido celebrado em 24 de Fevereiro de 1977, mas verificado o seu incumprimento depois de 2 de Fevereiro de 1983, poderia o promitente- -comprador pedir a execução específica do contrato (se outro obstáculo não houvesse), nos termos do artigo 2 do Decreto-Lei n. 236/80, de 13 de Julho e dos artigos 442 e 830 do Código Civil com a redacção dada por esse diploma legal. II - Tendo o promitente-vendedor, como comproprietário, procedido à divisão do prédio comum e tendo os comproprietários com excepção de um deles, arrematado o prédio e, posteriormente vendido esse prédio a terceiro, a prestação de facto (a celebração do contrato definitivo), tornou-se impossível. III - Esta impossibilidade conduziu ao incumprimento definitivo do contrato por culpa imputável aos promitentes-vendedores (artigo 801 n. 1, do Código Civil), porque os promitentes não atribuiram eficácia real à promessa e também porque não havia incompatibilidade entre os efeitos do contrato- -promessa e os da venda do...
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