Acórdão nº 076813 de Supremo Tribunal Administrativo (Portugal), 17 de Janeiro de 1989 (caso None)
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 17 de Janeiro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: G TELES IN OBRIGAÇÕES 3ED PAG419 - IN CONTRATOS EM GERAL 3ED PAG350. ALBERTO REIS CPCIV ANOTADO V5 PAG68. A VARELA IN DAS OBRIGAÇÕES.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART238 N1 ART289 ART405 N1 ART432 ART433 ART434 ART435 ART436 ART779. CCIV867. CPC67 ART661 N1 ART668 N1 E ART676 N1 ART680 N1 ART690 N1 N3 ART713 N2 ART716 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1987/01/29 IN BMJ N365 PAG529.
Sumário : I - O Supremo Tribunal de Justiça, como tribunal de revista, tem de acatar a factualidade dada como provada pelas instancias, nos termos dos artigos 722, n. 2, 729, n. 2 do Codigo de Processo Civil. II - A interpretação das clausulas dos contratos e a determinação do acordo de vontades neles expresso, constitui materia de facto da competencia exclusiva das instancias, desde que não se verifique violação das normas disciplinadoras do direito probatorio material. III - Tendo sido estabelecido a favor do promitente-comprador o prazo para a celebração da escritura de venda, e sendo ele interpelado pelo promitente-vendedor para comparecer no cartorio notarial a fim de se celebrar a escritura de venda, o facto daquele não ter comparecido não significa que o mesmo, com tal ausencia, tenha revelado a intenção de não querer o contrato prometido. IV - Frustrada, desse modo, a supramencionada diligencia, o facto de o promitente-comprador não ter de imediato ou em breve espaço de tempo marcado nova data para a celebração da escritura não significa, necessaria e inequivocamente, que o mesmo tivesse prescindido da utilização total do prazo, renunciando, assim, ao lapso de tempo que...
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