Acórdão nº 9750250 de Court of Appeal of Porto (Portugal), 10 de Julho de 1997
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 10 de Julho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART410 ART432 N1 ART436 N1 ART442 N2 ART793 N2 B ART801 N2 ART802 ART808 N1. DL 130/89 DE 1989/04/18 ART8 ART9 N4 ART11 N1 N2 N3 N4 ART30 N4. DL 275/93 DE 1993/08/05 ART16 ART60.
Jurisprudência Nacional: AC RC DE 1994/11/08 IN CJ T5 ANOXIX PAG39.
Sumário: I - Celebrado em 6 de Novembro de 1992 um contrato- -promessa de compra e venda em que a embargada prometeu vender e os embargantes prometeram comprar o direito de habitação periódica sobre determinado imóvel, tendo no momento de celebração os embargantes pago a quantia de 600 contos e aceitado letras correspondentes ao pagamento da parte final do preço acordado, e, posteriormente, em 18 de Novembro de 1993 e 13 de Janeiro de 1994, comunicado à embargada que não cumpriam o referido contrato-promessa, dando-o por resolvido e considerado como perdidas as quantias até então entregues a esta, há que julgar procedentes os embargos e julgar extinta a execução na parte concernante às letras exequendas. II - Tal contrato foi outorgado na vigência do Decreto- -Lei n.130/89, de 18 de Abril, havendo, por isso, que atender à disciplina deste diploma, embora no momento em que a embargada...
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