Acórdão nº 079351 de Supremo Tribunal Administrativo (Portugal), 06 de Dezembro de 1990 (caso None)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 06 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV. DIR REGIS NOT.
Legislação Nacional: CPC67 ART137 ART276 N1 C ART279 ART523 ART524 N1 N2 ART682 N2 ART706 ART727 ART1044. CCIV66 ART413 ART830. CRP84 ART2 N1 A ART3 N1 A.
Jurisprudência Nacional: AC STJ DE 1956/01/13 IN BMJ N53 PAG248.
Sumário : I - A junção de documentos com as alegações de recurso so e possivel pela ocorrencia de factos posteriores aos articulados. II - Esta superveniencia pode revestir a natureza objectiva - - determinada pelo facto a provar ou pelo documento comprovante -, ou subjectiva - desconhecimento da sua existencia, indispensabilidade dele por parte do interessado ou necessidade de alegação e prova do facto. III - O contrato-promessa de compra e venda, assumindo-se como um "facere", não engloba um facto juridico constitutivo do direito de propriedade contemplado pelo disposto no artigo 2 n. 1 alinea a) do Codigo do Registo Predial. IV - O pedido de execução especifica não envolve o reconhecimento, a constituição ou extinção do direito de propriedade, mas apenas a sua transmissão do promitente vendedor para o promitente comprador. V - Não se trata assim de um direito real mas de um direito pessoal que tem a sua origem no incumprimento de um contrato. VI - Como consequencia, no caso de pedido de execução especifica, o registo so tera relevancia...
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