Acórdão nº 9050306 de Court of Appeal of Porto (Portugal), 11 de Dezembro de 1990
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 11 de Dezembro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART410 ART801 ART802 ART808 N2 ART830 N1. CPC67 ART668 N1 C.
Sumário: I - Não ocorre a nulidade consistente na oposição entre os fundamentos e a decisão, se a fundamentação de facto e de direito conduzir necessariamente à decisão dada, não obstante se encontrar viciada por erro de apreciação a factualidade provada. II - Para que haja lugar à execução específica de contrato- -promessa de compra e venda é essencial que o autor alegue e prove que o contrato prometido não se realizou por mora do promitente-vendedor. III - Não há mora nem recusa de cumprimento do promitente- -vendedor se não foi marcada a respectiva escritura pelo promitente-comprador na data...
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