Acórdão nº 071709 de Supremo Tribunal de Justiça (Portugal), 14 de Junho de 1984 (caso NULL)
| Magistrado Responsável | ALMEIDA RIBEIRO |
| Data da Resolução | 14 de Junho de 1984 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: G TELES DIR OBG PAG701. P LIMA A VARELA CCIV ANOTADO VOLI PAG281. RUI ALARCÃO IN A CONFIRMAÇÃO DOS NEGÓCIOS ANULÁVEIS PAG214.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART280 ART286 ART410 ART424 ART425 ART875.
Jurisprudência Nacional: AC STJ DE 1974/11/05 IN RLJ ANO108 PAG330. ASS STJ DE 1976/04/26 IN BMJ N266 PAG156.
Sumário : I - A cessão da posição contratual com violação dos artigos 425, 410 e 875 do Código Civil, é nula nos termos do artigo 280 do referido Código. II - O modo normal e directo de convalidar esse contrato de cessão consistia em autorizá-lo por escrito. III - O contrato-promessa de compra e venda de um imóvel a que faltou a assinatura do promitente comprador, é nulo. IV - Tal nulidade do contrato-promessa pode ser declarada...
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