Acórdão nº 9430213 de Court of Appeal of Porto (Portugal), 23 de Abril de 1996
| Magistrado Responsável | AFONSO CORREIA |
| Data da Resolução | 23 de Abril de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART280 ART289 N1 ART1422-A N3 ART1418 ART1420 N2.
Jurisprudência Nacional: AC STJ DE 1992/01/23 IN BMJ N413 PAG535. AC STJ DE 1992/02/13 IN BMJ N414 PAG430.
Sumário: I - Não é permitida a divisão de fracções autónomas de prédios constituídos em propriedade horizontal, salvo se tal se encontrar previsto no respectivo título ou for autorizado pela assembleia de condóminos sem qualquer oposição. II - É nulo, por impossibilidade legal ou violação de lei, o contrato-promessa de compra e venda de um lugar de garagem não autonomizado em relação à fracção em que se integra. III - Por via da nulidade de tal contrato, os promitentes- -vendedores são obrigados a restituir tudo que lhes foi prestado...
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