Acórdão nº 0059932 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1992 (caso None)
| Magistrado Responsável | NORONHA NASCIMENTO |
| Data da Resolução | 25 de Junho de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART401 N2 ART413 ART879.
Jurisprudência Nacional: AC STJ DE 1981/03/31 IN BMJ N305 PAG288.
Sumário: I - O contrato promessa como obrigacional que é, reduzindo-se ao dever de prestar um facto não contende com a impossibilidade imediata que pode caracterizar o objecto do contrato-prometido (Boletim do Ministério da Justiça n. 305 página 288 - Acordão do Supremo Tribunal de Justiça de 1981/03/31). II - Quando se promete vender uma "fracção ainda não autonomizada, o que os contraentes pressupuseram foi que, aquando da venda, a propriedade horizontal estará já constituída (previsão do artigo 401 n. 2 do Código Civil). III - Na situação...
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