Acórdão nº 062215 de Supremo Tribunal de Justiça (Portugal), 14 de Maio de 1968 (caso NULL)
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 14 de Maio de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC61 ART342 N1 ART1037 ART1047. CCIV867 ART888 ART953 ART1318 ART1573 ART1574.
Sumário : I - Estipulando-se, num contrato de compra e venda, que o dominio e posse do predio vendido se transmitiam imediatamente para o comprador, apesar de este não ter pago logo todo o preço, verificou-se a excepção prevista no artigo 1574 do Codigo Civil (de 1867), gozando o vendedor, pois, do direito de retenção da coisa vendida enquanto não for paga a parte do preço em falta. II - A falta de pagamento das prestações do preço de venda não fundamenta a rescisão do contrato, dando apenas o direito de exigir o seu pagamento. III - A posse juridica...
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