Acórdão nº 081497 de Supremo Tribunal Administrativo (Portugal), 26 de Fevereiro de 1992 (caso None)
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 26 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROC ESP / PROC EXEC. DIR CIV - DIR OBG.
LegislaÁ„o Nacional: CPC67 ART824 N1 ART831 ART865 ART1034 ART1037 ART1042 B. CCIV66 ART601 ART754 ART755 N1 F ART759 ART824 N3.
Sum·rio : I - O contrato-promessa sem eficacia real, mesmo que acompanhado da tradiÁ„o da coisa, n„o transfere direitos reais; tem mera eficacia obrigacional, de prestaÁ„o de facto positivo, a celebraÁ„o do contrato prometido. II - Ate a celebraÁ„o do contrato prometido, ou antes disso, o promitente comprador a quem foi entregue a coisa n„o tem, apesar disso, o direito de se opor por embargo de terceiro a penhora da mesma coisa em execuÁ„o movida contra o promitente vendedor. III - O direito de retenÁ„o e um direito de garantia de creditos, de dividas de dinheiro ou de valor, n„o de prestaÁ„o de qualquer outra natureza, conferindo ao seu titular o direito de ser pago com prioridade sobre os demais credores e de executar a coisa retida...
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