Acórdão nº 071888 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1985 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 07 de Novembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART364 N1 ART457 ART458 N1 N2 ART875. CNOT67 ART89 A. CPC67 ART650 F ART653 N1 ART712 N2 ART722 N2 ART729 N2.
Sumário : I - O tribunal colectivo não pode pronunciar-se sobre factos que só possam provar-se documentalmente, nem sobre os que estejam plenamente provados por confissão reduzida a escrito, acordo das partes ou documentos. II - Ora, o contrato de compra e venda de imóveis só é válido se celebrado por escritura pública - artigo 875 do Código Civil e artigo 89, a) do Código do Notariado, não podendo essa declaração negocial ser substituída por outro meio de prova ou por outro documento, pois tratando-se de formalidade "ad substantiam", não se refere à prova do negócio jurídico, não sendo aplicável o disposto no artigo 364, n. 2 do Código Civil, pelo que bem decidiu o tribunal colectivo em não responder a dois quesitos que se referiam à aquisição de um prédio rústico por contrato de compra e venda. III - Embora a promessa unilateral de prestação feita pelo Réu a favor do Autor seja válido...
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