Acórdão nº 079640 de Supremo Tribunal Administrativo (Portugal), 12 de Dezembro de 1991 (caso None)
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 12 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO. PROVIDO PARCIAL.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CPC67 ART72 A ART272 ART273 ART676 N1 ART684 N3 ART729 N1. CCIV66 ART294 ART406 ART434 N2 ART440 ART441 ART442 N2 ART476 N1 ART550 ART790 N1 ART798 N1 ART806 N3 ART810 ART811. DL 46673 DE 1965/11/29 ART10. DL 262/83 DE 1983/06/16 ART13. DL 289/73 DE 1973/06/06 ART27 N2.
Jurisprudência Nacional: AC STJ DE 1978/06/01 IN RLJ ANO112 PAG15. AC STJ DE 1981/05/31 IN BMJ N305 PAG288. ASS STJ DE 1987/07/21 IN BMJ N369 PAG199. ASS STJ DE 1987/11/19 IN BMJ N371 PAG105.
Sumário : I - É jurisprudência constante do Supremo Tribunal de Justiça a de que o recurso visa apenas a reapreciação de questão apreciada pelo tribunal recorrido e não a apreciação de qualquer questão nova. II - As quantias entregues a título de sinal, são-no em dinheiro, e a restituição que haja que operar-se é igualmente uma quantia em dinheiro, não obtida por substituição de outra prestação, mas calculada directamente por força do regime do contrato, tendo por referência o quantitativo do sinal. III - Pelas razões referidas no número anterior, a obrigação de restituição em dobro ou em singelo do sinal, por incumprimento do contrato-promessa, é...
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