Acórdão nº 079731 de Supremo Tribunal Administrativo (Portugal), 08 de Janeiro de 1991 (caso None)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 08 de Janeiro 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 ART292 ART410 N1 N2 ART422 N3 ART755 N1 F ART808 N1 ART1263 B. DL 379/86 DE 1986/11/11. DL 236/80 DE 1980/07/18.
Jurisprudência Nacional: AC STJ DE 1989/11/29 IN AJ ANO2 N4 PAG11. ASS STJ DE 1989/11/29 IN DR IS 1990/02/23.
Sumário : I - O artigo 410 n. 1 do Codigo Civil, apos a publicação do Decreto-Lei n. 379/86, de 11 de Novembro, mantem a redacção primitiva quanto a esta norma, porque o diploma em causa se limitou a reproduzir o texto de 1966. II - Aquele preceito estabeleceu a regra da equiparação ao contrato prometido no que respeita ao regime juridico do contrato-promessa, mas fixou varias excepções, uma das quais quanto a forma (liberdade desta, temperada pela exigencia de documento escrito pelos promitentes, sempre que a lei exija para a validade do contrato prometido a sua redução a documento autentico ou particular). III - O Decreto-Lei n. 379/86, apesar de ter modificado o n. 2 do artigo 410, devendo esta norma ser interpretada nos seguintes termos, de acordo com o Assento de 29 de Novembro de 1989: "no dominio do texto primitivo do n. 2 do artigo 410 do Codigo Civil vigente, o contrato-promessa bilateral de compra e venda de imovel exarado em documento assinado apenas por um dos contraentes e nulo, mas pode considerar-se valido como contrato-promessa unilateral, desde que...
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