Acórdão nº 0012853 de Court of Appeal of Porto (Portugal), 22 de Outubro de 1976
| Magistrado Responsável | GOMES DOS SANTOS |
| Data da Resolução | 22 de Outubro de 1976 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 ART441 ART442 ART939.
Sumário: I - Por força do artigo 410 e 939 do Código Civil são aplicáveis ao contrato-promessa de troca as disposições do contrato de compra e venda que não sejam de excluir, mas não se abrangem aí as normas dos artigos 414 e 442. II - O disposto no artigo 441 aplica-se directamente ao contrato-promessa de troca de bens e dinheiro, presumindo- -se com a natureza de sinal qualquer quantia entregue como antecipação de cumprimento. Se a quantia entregue não tiver efectivamente a natureza de sinal mas de cláusula penal, é indiferente...
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