Acórdão nº 067031 de Supremo Tribunal de Justiça (Portugal), 04 de Abril de 1978 (caso NULL)
| Magistrado Responsável | CORTE REAL |
| Data da Resolução | 04 de Abril de 1978 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLII PAG108 NOTA1.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART217 N1 N2 ART221 N1 N2 ART863. CPC67 ART668 N1 C D.
Sumário : I - As cláusulas verbais contemporâneas do contrato-promessa de compra e venda, por isso e por serem consideradas essenciais e contrárias a esse contrato, são nulas. II - Não tendo os Réus intervindo no contrato de constituição da propriedade horizontal e na escritura de venda de uma fracção a um dos Réus, não se pode concluir desses artigos ter havido uma vontade tácita, mas formal - artigo 217, ns. 1 e 2 do Código Civil - da aceitação dessas cláusulas modificativas do contrato-promessa. III - Ora, sendo nulas todas essas cláusulas verbais...
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