Acórdão nº 0038841 de Supremo Tribunal Administrativo (Portugal), 07 de Maio de 1991 (caso None)
| Magistrado Responsável | DIOGO FERNANDES |
| Data da Resolução | 07 de Maio de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: BATISTA LOPES IN COMPRA E VENDA PAG249. GALVÃO TELLES IN DIR OBG 3ED PAG81.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART442 N1 N2 N3 ART562 ART798. CPC67 ART273 N2 N3 ART517 N1 ART661 N1.
Jurisprudência Nacional: AC RL DE 1977/04/13 IN CJ T2 PAG406.
Sumário: I - À data em que o contrato foi celebrado (Setembro de 1977), a única sanção para o promitente vendedor faltoso que recebera o sinal, era a restituição em dobro, dado o disposto no art. 442 do Código Civil, afastando este normativo a aplicação de outros princípios da responsabilidade contratual, nomeadamente, os constantes dos artigos 562 e 798 do mesmo Código. II - É lícita a ampliação do pedido formulada em audiência de discussão e julgamento no sentido de...
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