Acórdão nº 9110318 de Court of Appeal of Porto (Portugal), 31 de Outubro de 1991
| Magistrado Responsável | EDUARDO MARTINS |
| Data da Resolução | 31 de Outubro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO / APELAÇÃO.
Decisão: NEGADO PROVIMENTO / CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 N3 NA REDACÇÃO DO DL 379/86 DE 1986/11/11. CCIV66 ART220 ART289 N1 ART442 N2.
Jurisprudência Nacional: AC RP DE 1985/11/14 IN CJ ANOX T5 PAG170.
Sumário: I - A nulidade de contrato-promessa de compra e venda, sujeito a disciplina do artigo 410 do Codigo Civil, invocada pelo promitente-vendedor, so pode ser declarada se este alegar factos que permitam demonstrar a responsabilidade do promitente-comprador pela omissão das formalidades exigidas. II - No caso de omissão de qualquer das formalidades especiais do artigo 410, n. 2 do Codigo Civil, e o promitente-comprador quem passa a ter o direito de optar pela manutenção do...
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