Acórdão nº 9120685 de Court of Appeal of Porto (Portugal), 16 de Março de 1992
Magistrado Responsável | SIMÕES FREIRE |
Data da Resolução | 16 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 N2 ART801 N2 ART808 ART441 ART442 N4.
Jurisprudência Nacional: AC STJ DE 1985/05/02 IN BMJ N345 PAG375. AC RC DE 1990/05/22 IN CJ T3 ANOV PAG48. AC RC DE 1987/10/13 IN CJ T4 ANOXII PAG77.
Sumário: I - Tendo o A. pedido a condenação do R. a restituir-lhe certa quantia correspondente ao preço de compra e venda prometida em contrato celebrado entre ambos e a condenação do mesmo R. a pagar-lhe certa outra quantia como indemnização pelo prejuízo causado pelo incumprimento por parte do R. do contrato-promessa, há que entender que está pressuposta a resolução deste contrato, não havendo ineptidão da petição inicial por falta do pedido expresso da declaração da resolução do contrato. II -...
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