Acórdão nº 9530805 de Court of Appeal of Porto (Portugal), 02 de Maio de 1996
| Magistrado Responsável | SOUSA PEIXOTO |
| Data da Resolução | 02 de Maio de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART410 ART238 ART227 ART293 ART1273.
Jurisprudência Nacional: AC RP DE 1988/12/20 IN CJ T5 ANOXIII PAG206.
Sumário: I - Do documento escrito, assinado apenas pelo declarante, em que se declara " ter vendido " um prédio por determinada quantia e ter recebido parte dela, não se pode concluir pela celebração de contrato-promessa de venda, por não constar do documento a vontade do declarante de " prometer vender " o prédio. II - A interpretar-se esse documento como celebração de contrato de compra e venda, nulo por falta de forma, esse contrato não pode converter-se em contrato-promessa de venda, pois tal conversão exige a prova da existência de vontade hipotética ou conjectural das...
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