Acórdão nº 9150610 de Court of Appeal of Porto (Portugal), 12 de Março de 1992
Data | 12 Março 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART413 ART251 ART252 N2 ART808 N1 ART442 ART934 ART808 N2. DL 465/76 DE 1976/06/11 ART48 ART49.
Jurisprudência Nacional: AC STJ DE 1989/11/02 IN AJ ANO1 N3 PAG99. AC STJ DE 1989/12/07 IN AJ ANO2 N4 PAG13.
Sumário: I - Não padece de nulidade a promessa de venda de coisa alheia sem efeitos reais, o mesmo sucedendo quando a coisa esteja onerada e seja prometida vender sem qualquer oneração. II - Indemonstrado que fosse evidente que o promitente comprador considerou fundamental para outorgar o contrato-promessa que, nessa ocasião, a fracção predial objecto do contrato estivesse totalmente desonerada e indemonstrado também que ele não celebraria o contrato-promessa se soubesse que a fracção era detida pelo promitente vendedor em regime de propriedade resolúvel, não aproveita ao mesmo promitente vendedor quer o regime do artigo 252, nº 2, quer o artigo 251, ambos do Código Civil. III - O regime do artigo 442, nº 2 do Código Civil não é aplicável à simples mora, mas só no caso do incumprimento definitivo e este não ocorre pelo facto de, ao contrário do convencionado, o promitente comprador não ter comunicado a data, hora e cartório para a escritura de modo a esta ser outorgada até um certo mês e ano. Para em tal caso ocorrer o incumprimento, necessário seria que o promitente vendedor fizesse ao promitente comprador a interpelação admonitória, para que em certo prazo razoável, prestasse aquela indicação...
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