Acórdão nº 074383 de Supremo Tribunal Administrativo (Portugal), 22 de Janeiro de 1987 (caso None)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 22 de Janeiro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: NO BMJ 363 PAG477 LINHA 9 ONDE SE LE "EXECUÇÃO DA" DEVE LER-SE EXCLUSÃO DA E NA LINHA 21 ONDE SE LE PAG359 DEVE LER-SE PAG363.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 N2 REDACÇÃO DO DL 236/80 DE 1980/07/18 ART410 ART412 ART413 ART421 ART442 ART755 ART830 REDACÇÃO DO DL 379/86 DE 1986/11/11. DL 236/80 DE 1980/07/18 ART2.
Jurisprudência Nacional: AC STJ DE 1984/11/20 IN BMJ N341 PAG437. AC STJ DE 1985/04/16 IN BMJ N346 PAG225. AC STJ DE 1985/05/02 IN BMJ N347 PAG363. AC STJ DE 1985/05/07 IN BMJ N347 PAG384. AC STJ DE 1985/10/31 IN BMJ N350 PAG336.
Sumário : I - Relativamente a um contrato-promessa de compra e venda celebrado em 27 de Abril de 1976 cujo conteudo da inerente relação juridica não abstrai desse mesmo contrato que a originou, verificando-se o incumprimento por parte da promitente vendedora em plena vigencia do Decreto-Lei n. 236/80, de 18 de Julho, e tendo a acção respectiva sido intentada antes da publicação do Decreto-Lei n. 379/86, de 11 de Novembro (que deu nova redacção a varios artigos do Codigo Civil), o direito aplicavel e o da redacção que lhes fora dada pelo mencionado Decreto-Lei n. 236/80. II - Face ao preceito do n. 2 do artigo 442 do Codigo Civil (redacção do Decreto-Lei...
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