Acórdão nº 0004646 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1991 (caso None)
| Data | 03 Outubro 1991 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART428 N1 ART432 ART442 N2 ART798 ART801 N1 ART804 N1 ART830 N3 ART879 A ART886 ART808 N1 N2. CPC67 ART446 ART469 N1 ART710 N1. DL 289/73 DE 1973/06/06.
Jurisprudência Nacional: AC STJ DE 1985/07/02 IN BMJ N347 PAG379.
Sumário: I - Em acção de execução específica, ainda que tenha sido formulado pedido subsidiário, se ao obrigado for lícito invocar a excepção de não cumprimento, tem o autor de consignar em depósito a sua prestação no prazo que lhe for indicado pelo Tribunal. II - Se a parte não efectuar o depósito, improcede a acção; se o fizer, a acção procederá ou improcederá, consoante o mérito da causa. III - O condicionamento imposto pelo Decreto-lei 289/73, de 1973/06/06, (necessidade de alvará de loteamento se a venda do terreno for para...
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