Acórdão nº 074035 de Supremo Tribunal Administrativo (Portugal), 06 de Janeiro de 1988 (caso None)
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 06 de Janeiro de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT M ANDRADE TEOR GER OBG VI PAG19. C SILVA CUMP SANÇ PAG237. V SERRA RLJ ANO112 PAG27. A VARELA ROA 1985 VI PAG188.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 ART442 N1 N2 ART798 ART799 ART804 N2 ART808 N1.
Jurisprudência Nacional: AC STJ DE 1973/11/18 IN BMJ N321 PAG387. AC STJ DE 1985/05/02 IN BMJ N347 PAG355.
Sumário : I - No contrato-promessa de compra e venda, a prestação a que os pactuantes se obrigam e a de outorgarem como comprador e como vendedor um futuro contrato de compra e venda. II - Em caso de incumprimento, a perda do sinal e uma sanção cominada pela lei - artigo 442, n. 2 do Codigo Civil - no caso de incumprimento definitivo do contrato, o que implica a extinção deste (citado artigo, n. 1) e não tambem no caso de simples retardamento no cumprimento. III - A mora torna-se em incumprimento definitivo, quando fixado prazo razoavel, a...
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