Acórdão nº 9330942 de Court of Appeal of Porto (Portugal), 30 de Maio de 1994
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 30 de Maio de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Indicações Eventuais: CONTÉM INTERESSANTES REFERÊNCIAS DOUTRINAIS.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART1409 ART1411 ART1456 ART1457. CCIV66 ART220 ART292 ART410 N2 ART441 ART442 N2 ART563 ART799 ART801 ART808 N1 N2 ART830 N1 ART875.
Jurisprudência Nacional: ASS STJ DE 1989/11/29 IN BMJ N391 PAG101. AC STJ DE 1993/03/25 IN CJSTJ T2 ANOI PAG39. AC STJ DE 1967/01/27 IN BMJ N163 PAG296. AC RP DE 1990/10/04 IN CJ T4 ANOXV PAG227.
Sumário: I - A não celebração da escritura de compra e venda dentro do prazo fixado na acção para fixação de prazo não acarreta a perda do direito dos promitentes-compradores. II - Tendo sido incluída no contrato-promessa uma cláusula a permitir o recurso à execução específica, isso significa que mesmo em situação de incumprimento pode ter lugar o contrato prometido. III - Na hipótese de contrato-promessa bilateral assinado apenas por um dos contraentes, o negócio restringe-se a um contrato-promessa unilateral, excepto se o contraente que o...
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