Acórdão nº 068249 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1979 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 04 de Dezembro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART286 ART289 N1 ART293 ART410 N1 N2 ART433 ART437 N1. CPC67 ART467 N1 C ART498 N4 ART510 ART660 N2 ART661 ART664 ART668 N1 A ART671 ART712.
Jurisprudência Nacional: AC STJ DE 1977/12/15 IN BMJ N272 PAG196.
Sumário : I - O juiz so esta vinculado aos factos articulados pelas partes, mas não quanto a sua qualificação juridica, visto que, como se diz no artigo 664 do Codigo de Processo Civil, não esta sujeito as alegações das partes, no tocante a indagação, interpretação e aplicação das regras de direito. II - Podem, por isso, as instancias conhecer da nulidade do contrato-promessa bilateral de compra e venda de terreno, como foi assim classificado, por esse contrato apenas estar assinado pelo promitente vendedor...
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