Acórdão nº 0028091 de Supremo Tribunal Administrativo (Portugal), 09 de Abril de 1991 (caso None)
| Data | 09 Abril 1991 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART334 ART441 ART777 N2 ART778 N2 ART830 N1 N2. DL 236/80 DE 1980/07/18 ART2. CPC67 ART1456.
Sumário: I - Tendo-se convencionado que o promitente-comprador deveria reforçar o sinal logo que a fracção prometida vender estivesse pronta a habitar, não pode o promitente vendedor exigir esse reforço, se a casa não tem ainda licença de habitação e nela não está instalada a água nem a energia eléctrica. II - Recusando-se o promitente-comprador a entregar o reforço do sinal, é ilegítima a resolução do contrato por parte do promitente-vendedor com esse fundamento. III - A cláusula "cum voluerit" prevista no n. 2 do artigo 778, do Código Civil, é inaplicável às sociedades comerciais. IV - Encontrando-se a promitente-vendedora em condições de designar dia para a escritura...
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