Acórdão nº 080226 de Supremo Tribunal Administrativo (Portugal), 28 de Maio de 1991 (caso None)
Magistrado Responsável | BROCHADO BRANDÃO |
Data da Resolução | 28 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART442 N2 ART552 ART595 ART830 N1 N3 ART1691 D NA REDACÇÃO DO DL 236/80 DE 1980/07/12. DL 236/80 DE 1980/07/12 ART2. CPC67 ART676 N1.
Sumário : I - Provado que a sociedade Re, representada pelo primeiro Reu singular outorgou o contrato-promessa de compra e venda de um andar e que logo autorizaram o promitente comprador a ocupar aquele andar; provado ainda que os Reus singulares eram os donos do andar prometido, tem de concluir que houve uma co-assunção da obrigação pelos Reus singulares, o que os torna partes legitimas na acção de execução especifica do contrato-promessa (artigos 595 e 552 do Codigo Civil). II - Celebrado o contrato-promessa em Setembro de 1979 e ficado acordado que a escritura celebrar-se-ia em dia, hora e local a fixar pela Re sociedade que nada fez; provado que em Agosto de 1983, no escritorio da sociedade, o Reu marido afirmou que a escritura final so poderia fazer-se contra entrega pelo Autor de mais 95 contos alem de 110 entregues em moeda, sendo certo que o Autor pagara todo o preço acordado, a condição posta...
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