Acórdão nº 063901 de Supremo Tribunal Administrativo (Portugal), 17 de Março de 1972 (caso None)
Data | 17 Março 1972 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RESOLUÇÃO OU MODIFICAÇÃO DOS CONTRATOS POR ALTERAÇÃO DAS CIRCUNSTANCIAS BMJ N68 SEPARATA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART653 N2. CCIV867 ART709 PARUNICO. CCIV66 ART437 ART741 ART860 N4 ART901 ART1401 ART1482. D 5411 DE 1919/04/17 ART21 N2. L 1662 DE 1924/09/04 ART5 PAR7 A. CCOM888 ART446 ART449.
Jurisprudência Nacional: AC STJ DE 1969/07/01 IN BMJ N189 PAG265. AC STJ DE 1971/02/02 IN BMJ N204 PAG131.
Sumário : I - Não viola o n.2 do artigo 653 do Codigo de Processo Civil o facto de, em resposta afirmativa, ao quesito em que se perguntava se a Camara Municipal de Lisboa resolvera modificar um anteprojecto anterior, em condições tais que os terrenos objecto de promessa de compra e venda passariam a constituir leito do novo traçado de uma avenida, se acrescentar "mas sem prejuizo de ulterior modificação", em aditamento que a Relação interpretou como traduzindo uma conclusão a extrair dos factos alegados e provados. II - Não constitui nulidade do contrato-promessa de compra e venda de dois terrenos, por impossibilidade do objecto, o facto de, apos a celebração, ter sido aprovado um anteprojecto que, modificando o anterior, segundo o qual era possivel construir nos referidos terrenos, impedia essa construção, por os mesmos virem a ser ocupados pelo leito de uma avenida, uma vez que os terrenos não haviam sido expropriados entre a data da celebração da promessa a a data estabelecida ou a estabelecer para a celebração do contrato prometido. III - Os artigos 437...
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