Acórdão nº 9550917 de Court of Appeal of Porto (Portugal), 17 de Junho de 1996
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 17 de Junho de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART444 N2 ART755 N1 F ART839 ART892.
Jurisprudência Nacional: AC STJ DE 1989/10/26 IN BMJ N390 PAG404. AC STJ DE 1991/09/25 IN BMJ N409 PAG769. AC STJ DE 1995/10/03 IN BMJ N412 PAG432. AC STJ DE 1994/06/21 IN CJSTJ T2 ANOII PAG156. AC RL DE 1995/11/05 IN CJ T3 ANOXX PAG102. AC RL DE 1992/12/17 IN CJ T5 ANOXVII PAG160. AC RL DE 1993/10/21 IN CJ T5 ANOXVIII PAG102.
Sumário: I - O contrato-promessa de compra e venda de coisa alheia é válido. II - Deve considerar-se inaplicável ao contrato-promessa a proibição de venda de coisa alheia. III - A obrigação assumida pelo promitente vendedor de coisa alheia é uma obrigação de resultado. IV - Daí que o promitente vendedor seja responsável pelo incumprimento do contrato-promessa. V - O Decreto-Lei 379/86...
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