Acórdão nº 071752 de Supremo Tribunal de Justiça (Portugal), 23 de Outubro de 1984 (caso NULL)
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 23 de Outubro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR OBG / DIR CONTRAT.
LegislaÁ„o Nacional: CCIV66 ART293 ART442 N3 ART1416 ART1418. DL 236/80 DE 1980/07/18.
Sum·rio : I - O artigo 1416 do Codigo Civil e uma disposiÁ„o excepcional que, no caso de nulidade do titulo constitutivo da propriedade horizontal, por falta de algum ou alguns dos requisitos legalmente exigidos, estabelece o processo de sanaÁ„o daquela nulidade, sujeitando o predio ao regime de compropriedade. II - A previa existencia de titulo constitutivo da propriedade horizontal constitui condiÁ„o sine qua non da aplicaÁ„o do artigo 1416 do Codigo Civil. III - No caso de ter havido tradiÁ„o da coisa objecto do contrato-promessa, o credito do promitente...
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