Acórdão nº 0225038 de Court of Appeal of Porto (Portugal), 20 de Setembro de 1990
| Data | 20 Setembro 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART830 N1 N2 ART441.
Jurisprudência Nacional: AC RP DE 1984/05/31 IN CJ T3 ANOIX PAG271.
Sumário: I - Para poder exigir-se a execução específica de um contrato-promessa é essencial que a tal não se oponha a natureza da obrigação assumida, que não haja convenção em contrário e que se verifique incumprimento por parte do demandado. II - Presume-se haver convenção em contrário, se existir sinal ou tiver sido fixada uma pena para o caso de não cumprimento da promessa. III - É ilidível a presunção, fixada no artigo 441 do Código Civil, de que no contrato-promessa de compra e venda tem...
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