Acórdão nº 0044022 de Supremo Tribunal Administrativo (Portugal), 28 de Novembro de 1991 (caso None)
Data | 28 Novembro 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: DL 236/80 DE 1980/07/18. CCIV66 ART12 ART342 N1 ART410 ART442 ART779 ART805 N1 ART799 N1 ART805 N1 ART830.
Jurisprudência Nacional: AC RL DE 1989/02/02 IN CJ ANOXIV T1 PAG118. AC RP DE 1987/01/29 IN CJ ANOXII T1 PAG214. AC RE DE 1987/02/05 IN CJ ANOXII T1 PAG296. AC STJ DE 1985/03/19 IN BMJ N345 PAG400. AC RE DE 1977/06/02 IN CJ ANOII T3 PAG560.
Sumário: I - O direito de requerer a execução específica do contrato- -promessa não deriva automaticamente do facto de ter havido imediata tradição da coisa para o promitente- -comprador por ocasião da celebração daquele contrato, pois pressupõe que haja não cumprimento do contrato por parte do outro contraente e que tal falta seja...
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