Acórdão nº 0310024 de Court of Appeal of Porto (Portugal), 29 de Maio de 1990
| Data | 29 Maio 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART271 ART879 A ART934 ART939 ART1118.
Jurisprudência Nacional: AC RP DE 1971/02/04 IN BMJ N204 PAG196.
Sumário: I - A inclusão da cláusula da reserva de propriedade está expressamente permitida no caso do contrato de compra e venda a prestações ( artigo 934 do Código Civil ), sendo esta disposição aplicável aos outros contratos onerosos pelos quais se alienem bens ou se estabeleçam encargos sobre eles, na medida em que sejam conformes com a sua natureza e não estejam em contradição com as disposições legais respectivas ( artigo 939 do Código Civil ). II - Nestas condições está o contrato de trespasse. III - Não existe disposição legal que exclua a admissibilidade da cláusula de reserva de propriedade quando seja de trespasse o contrato negociado. IV - Quando se trespassa um...
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