Acórdão nº 0222838 de Court of Appeal of Porto (Portugal), 06 de Março de 1990
Magistrado Responsável | CARDOSO LOPES |
Data da Resolução | 06 de Março de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART664. CCIV66 ART289 N1 ART405 ART406 N1 ART433 ART434 ART436 N1 ART442 N2 N3 ART801 N2 ART811 N2 ART874 ART879 ART1682 N3.
Sumário: I - O juiz é livre na qualificação jurídica dos factos, desde que não altere a causa de pedir, podendo, assim, suprir as deficiências ou inexactidões das partes no tocante àquela qualificação ou à interpretação ou individualização das normas. II - É um contrato de compra e venda, e não um simples contrato-promessa de compra e venda, aquele em que os sujeitos se vincularam, não a uma promessa de contratar, mas a um contrato definitivo do qual resultou, em correspondência com a vontade expressa das partes, entre outros, o efeito imediato de transferência da propriedade de bens imóveis para os compradores. III - A tal qualificação não obsta o facto de nos articulados tal contrato ter sido qualificado de contrato-promessa, nem a circunstância de os contraentes terem inserido nos respectivos documentos referências a "contrato-promessa de compra e venda", "promitentes vendedores", "promitentes compradores", " prometem vender ", etc... IV...
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