Acórdão nº 081212 de Supremo Tribunal Administrativo (Portugal), 20 de Maio de 1993 (caso None)
Magistrado Responsável | SILVA CANCELA |
Data da Resolução | 20 de Maio de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: DL 236/80 DE 1980/07/18. CCIV66 ART798 ART830. CPC67 ART668 N1 D.
Sumário : I - Tendo-se verificado o incumprimento do contrato-promessa de compra e venda de 18 de julho de 1980, data da entrada em vigor do Decreto-Lei n. 236/80, não é aplicável o artigo 830 do Código Civil, na redacção dada por esse Decreto Lei pelo que não é possível a execução específica do contrato-promessa. II - O âmbito de recurso determina-se em face das conclusões da alegação do recorrente e, por isso, abrange as questões aí contempladas. III - Ainda que o recurso fosse circunscrito a matéria de direito, o tribunal da Relação não perdia os poderes que tem como tribunal que, simultâneamente conhece de matéria de facto, dela retirando conclusões ou ilações. IV - Para que a execução específica possa ter lugar é necessário que um dos contraentes, tenha caído em mora, recusando-se ao cumprimento. V - E há mora, em sentido amplo, sempre que se mostre retardado o cumprimento da obrigação. VI - O Supremo Tribunal de Justiça deve respeitar qualquer ilação tirada em matéria de facto pela Relação que, não alterando os factos...
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