Acórdão nº 068353 de Supremo Tribunal de Justiça (Portugal), 12 de Fevereiro de 1980 (caso NULL)
Magistrado Responsável | FURTADO DOS SANTOS |
Data da Resolução | 12 de Fevereiro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 ART280 ART285 ART286 ART289 N1 ART294 ART479 ART486. CPC67 ART2 ART3 ART272 ART273 ART493 N3 ART496 ART659 ART661 ART713. DL 46673 DE 1965/11/29 ART10. DL 47344 DE 1966/11/25 ART5. DL 576/70 DE 1970/11/24. DL 560/71 DE 1971/12/17. DL 289/73 DE 1973/06/06. DL 511/75 DE 1975/09/20. DL 467/76 DE 1976/06/11. DL 804/76 DE 1976/11/06. DL 8/77 DE 1977/01/05. DL 342/79 DE 1979/08/27.
Sumário : I - Na vigencia do Decreto-Lei n. 46673, de 29 de Novembro de 1965, era nulo o contrato-promessa de compra e venda de terrenos, com ou sem construção, compreendidos em loteamentos, sem ter sido obtida a licença de loteamento titulada por alvara, e sem terem sido observados os condicionamentos estabelecidos no licenciamento. II - Tal nulidade, de tipo virtual embora não expressamente determinada, resulta dos artigos 280, 285 e 294 do Codigo Civil em conjugação com o artigo 10 do Decreto- -Lei n. 46673, por ser o objecto do contrato-promessa legalmente impossivel ou por ser o negocio juridico contrario a lei ou contra disposições legais de caracter imperativo. III - Essa nulidade implica o efeito da restituição do sinal prestado indevidamente, nos termos do artigo 289 do Codigo Civil, dos principios do enriquecimento sem causa (artigos 479 a 481 do Codigo Civil) e da economia e utilidade processuais (artigos 2, 3, 659, 713 e outros do Codigo de Processo...
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