Acórdão nº 9210150 de Court of Appeal of Porto (Portugal), 22 de Junho de 1992
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 22 de Junho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT - DIR RESP CIV.
Legislação Nacional: CCIV66 ART884 ART902 ART899.
Jurisprudência Nacional: AC STJ DE 1980/12/04 IN BMJ N295 PAG369.
Sumário: I - A declaração de nulidade parcial do contrato de compra e venda relativamente a determinada area de um terreno parcialmente alheio implica a redução proporcional do preço estipulado ( artigos 902 e 884 do Codigo Civil ). II - Sendo necessario, para tanto, uma avaliação ( cf. n. 2 do artigo 884 ), nesta devem ser considerados os factores de valorização dessa parcela com exclusão de tal area. III - Por isso, não pode ser aceite, sem avaliação, uma redução do preço mediante uma simples operação aritmetica de multiplicação do preço unitario por metro quadrado ( resultante do preço global ) pela area...
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