Acórdão nº 072440 de Supremo Tribunal Administrativo (Portugal), 28 de Maio de 1985 (caso None)
| Data | 28 Maio 1985 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART340 N1 ART432 ART442 ART830 ART1140 ART1253 C. DL 236/80 DE 1980/07/18 ART2 ART3.
Jurisprudência Nacional: AC STJ DE 1989/01/24 IN BMJ N333 PAG440.
Sumário : I - Não são aplicaveis retroactivamente as inovações introduzidas nos artigos 442 e 830 do Codigo Civil pelo Decreto-Lei n. 236/80, de 18 de Julho. II - A ocupação de uma moradia por parte do promitente comprador nada prova que entre os promitentes comprador e vendedor se tivesse estabelecido uma relação obrigacional. A "autorização" em que se funda a ocupação do predio e o uso do seu recreio não foi "constitutiva" de qualquer direito, mas simplesmente "integrativa" dessa situação (artigo 340 n. 1 do Codigo Civil), o que vale a dizer que ela era precaria e susceptivel de...
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