Acórdão nº 9430984 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1996
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 10 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 236/80 DE 1980/07/18. CCIV66 ART436 ART442 N2 N3 ART755 N1 F ART441 ART350 N2.
Sumário: I - Depois da entrada em vigor do Decreto-Lei 236/80, de 18 de Julho, a detenção pelo promitente-comprador do objecto que a contraparte lhe prometeu vender deriva de contrato paralelo ao contrato-promessa, traduzido em contrato de comodato, ou outro atípico, que só termina ou com a celebração do contrato prometido ou com a resolução do contrato preliminar - o contrato-promessa. II - Ocorrendo o incumprimento definitivo do contrato-promessa, o direito de gozo adveniente do contrato paralelo referido no número antecedente deste sumário transforma-se em direito de retenção, a garantir o direito à indemnização consagrado pelo n.2 do artigo 442 do Código Civil, sendo no caso aplicável o preceituado no artigo 755 n.1 alínea f) do mesmo Código. III - A proposição de uma acção de reivindicação pelo...
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