Acórdão nº 0409932 de Court of Appeal of Porto (Portugal), 03 de Junho de 1991
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 03 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART442 N2 ART790 ART792 ART801 ART802 ART803 ART804 N2 ART808. CCJ62 ART122 N2.
Jurisprudência Nacional: AC STJ DE 1983/03/15 IN BMJ N325 PAG561. AC STJ DE 1985/05/02 IN BMJ N347 PAG375. AC RL DE 1989/07/06 IN CJ ANOXIV T4 PAG113. AC STJ DE 1980/10/15 IN BMJ N300 PAG364.
Sumário: I - Celebrado um contrato-promessa de compra e venda de certa fracção autónoma de um prédio sobre o qual se acha constituída hipoteca e não tendo os promitentes-vendedores comparecido no Cartório Notarial e na data e hora indicados pela promitente-compradora em carta que lhes dirigiu, para ser outorgada a escritura do contrato prometido, o facto de ter posteriormente incidido penhora sobre todo esse prédio em execução para o pagamento de crédito hipotecário, ainda que essa penhora tenha sido registada, não implica que seja definitivo o não cumprimento da promessa pelos promitentes-vendedores. II - Não há conversão da mora dos promitentes-vendedores em não cumprimento definitivo se a promitente-compradora não alegou, nem provou que tivesse perdido o seu interesse no contrato, nem esta fixou àqueles um prazo razoável para a outorga da escritura com a indicação clara de que, não sendo a prestação cumprida dentro dele, o contrato deixava de lhe interessar. III - Esse interesse na outorga...
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