Acórdão nº 073442 de Supremo Tribunal Administrativo (Portugal), 12 de Junho de 1986 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 12 de Junho de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VI PAG367. VAZ SERRA IN RLJ ANO101 PAG234.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART722 N2 ART729 N2 ART1456 ART1457 ART1458 N2. L 76/77 DE 1977/09/29 ART29 N1. CCIV66 ART416 N1 N2 ART777 N2.
Sumário : I - Quanto ao prazo dentro do qual deve ser celebrado o contrato projectado, não havendo notificação judicial, caso a que se aplica o n. 2 do artigo 1458 do Codigo de Processo Civil, são aplicaveis as regras gerais sobre o cumprimento de obrigações sem prazo certo. II - O contrato devia, assim, ser celebrado pela forma prescrita na lei (escritura publica), em prazo a fixar, ja que os vendedores não propuseram qualquer prazo que tenha sido aceite pelos autores (artigo 777, n. 2 do Codigo Civil). III - Tal fixação de prazo sera feita judicialmente, a requerimento de qualquer das partes, mediante o processo...
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