Acórdão nº 9450536 de Court of Appeal of Porto (Portugal), 27 de Outubro de 1994
| Magistrado Responsável | SALRETA PEREIRA |
| Data da Resolução | 27 de Outubro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART432 ART436 ART791 ART795 N1 ART804 N2 ART808 N1.
Sumário: I - A sentença proferida na acção de fixação judicial de prazo em vista do cumprimento de um contrato- -promessa de compra e venda não tem, quanto aos pressupostos lógico-jurídicos que fundamentam a decisão, a força de caso julgado material nem vincula o tribunal onde é pedida a resolução desse contrato. II - A impossibilidade, não imputável ao devedor, promitente-comprador, de este cumprir a obrigação face aos termos do contrato, conduz à extinção da mesma e à restituição do que tiver sido prestado. III - Esta impossibilidade de cumprimento não...
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