Acórdão nº 0044591 de Court of Appeal of Lisbon (Portugal), 04 de Junho de 1991 (caso NULL)
Data | 04 Junho 1991 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: ANTUNES VARELA DAS OBRIGAÇÕES EM GERAL V1 PAG324.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART438 ART442 N2 ART830. DL 236/80 DE 1980/07/18 ART3.
Sumário: Se, por cláusula de contrato-promessa, se estabelecer que a escritura de compra e venda devia ser celebrada impreterivelmente até 31/12/81, é de entender ter-se fixado prazo. Tal não é afectado por, noutra cláusula do mesmo contrato-promessa, se prever que, se a escritura se não realizasse até tal data, ficaria a ré obrigada a pagar aos AA, a título de indemnização, 2000 escudos por mês, até à celebração da escritura. Uma coisa é o direito de execução específica, conferido pelo n. 2 do art. 442 do CC, outra a fixação de um...
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