Acórdão nº 075261 de Supremo Tribunal Administrativo (Portugal), 21 de Janeiro de 1988 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 21 de Janeiro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: J TAVARES OS PRINCIPIOS FUNDAMENTAIS DE DIREITO CIVIL PAG442.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART722 N2 ART729 N2. CCIV66 ART220 ART289 ART29O ART292 ART293 ART410 N2 ART411.
Sumário : I - O contrato-promessa de compra e venda contendo apenas a assinatura, com reconhecimento presencial, do promitente vendedor, e nulo por falta de forma, visto a lei exigir que o documento seja assinado por ambos os promitentes. II - Na redução do negocio juridico ha uma alteração quantitativa deste, o qual fica a vigorar, ainda que amputado. III - Na conversão do negocio juridico totalmente nulo verifica-se a sua substituição por outro de tipo diferente mas do qual contenha os requisitos essenciais de substancia e de forma. IV - Sendo o contrato-promessa um contrato bilateral, todo o seu conteudo e afectado pela nulidade do negocio, não havendo, portanto, a possibilidade de ser dividido em partes, mantendo-se alguma daquelas apesar das outras não serem validas, conduzindo a sua nulidade total a inaplicabilidade da redução prevista no artigo 290 do Codigo Civil. V -...
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