Acórdão nº 9420125 de Court of Appeal of Porto (Portugal), 11 de Julho de 1994
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 11 de Julho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 N3. DL 289/73 DE 1973/06/06. DL 400/84 DE 1984/12/31 ART84.
Jurisprudência Nacional: AC STJ DE 1993/09/29 IN CJSTJ T3 ANOI PAG31. AC STJ DE 1993/05/04 IN CJSTJ T2 ANOI PAG80. AC RL DE 1994/01/20 IN CJ T1 ANOXIX PAG111. ASS STJ DE 1987/11/19 IN DR IS DE 1988/01/12. ASS STJ DE 1989/10/03 IN DR IS DE 1989/12/06. AC RL DE 1993/03/25 IN CJ T2 ANOXVIII PAG123.
Sumário: I - A invalidade do contrato-promessa por falta de referência à licença de utilização do edifício, que traduz uma nulidade "sui generis" ou atípica, não é invocável pelo promitente-vendedor se não é alegado e provado que foi o promitente-comprador quem deu, directamente, causa a tal omissão ou que essa omissão foi culposamente causada pelo mesmo. II - E não pode essa nulidade ser oficiosamente conhecida pelo tribunal, como resulta da razão de ser do especial regime de invalidade contido nesse n. 3 do artigo 410 do Código Civil - tutela dos promitentes-compradores, não estando em causa interesses gerais da sociedade e do comércio jurídico. III - Não obstante o Decreto-Lei n. 289/73 ter sido revogado pelo artigo 84 do Decreto-Lei n. 400/84, de 31 de Dezembro, mantém-se válida a doutrina do Assento do Supremo Tribunal de Justiça, de 19 de Novembro...
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