Acórdão nº 0409264 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1990
Magistrado Responsável | PEREIRA GUEDES |
Data da Resolução | 18 de Dezembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 N2 ART830 N1 N2 N3 ART410 N3 ART12 N1 N2 ART798 ART799 ART804 N2 ART805. DL 236/80 DE 1980/07/18 ART2. DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1987/01/22 IN BMJ N363 PAG474.
Sumário: I - Celebrado o contrato-promessa em 28/05/80 - na vigência do artigo 830, n. 2 do Código Civil na sua primitiva redacção, e verificando-se o seu incumprimento em 23/04/87, já na redacção daquele artigo dada pelo Decreto-Lei n. 379/86, de 11 de Novembro, que tácita ou implicitamente revogou o Decreto-Lei n. 236/80, não há lugar a execução específica do contrato se as partes nele estebeleceram um sinal. II - A um tal contrato aplica-se na verdade o regime em vigor ao tempo da sua celebração porquanto o Decreto-Lei n. 379/86 não tem qualquer norma semelhante ao artigo 2 do Decreto-Lei n. 236/80 como também porque em vida deste, já revogado, nada ocorreu relativamente ao falado contrato. III - Estando dependente o cumprimento ou não cumprimento da iniciativa do comprador, só...
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