Acórdão nº 9620807 de Court of Appeal of Porto (Portugal), 11 de Maio de 1999
Magistrado Responsável | RAPAZOTE FERNANDES |
Data da Resolução | 11 de Maio de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC95 ART26 N1. CCIV66 ART227 N1 N2 ART247 ART251 ART252 N2 ART258 ART259 ART289 N1 ART498 ART570 N1 ART879.
Sumário: I - A legitimidade das partes deve ser aferida em função de todos os pedidos formulados na acção e não só de um deles, bastando que o autor ou o réu tenham interesse directo em demandar ou em contradizer relativamente a um dos pedidos formulados para que esteja garantida a sua legitimidade. II - A afirmação feita durante os preliminares de um negócio de compra e venda, por uma das partes à outra, interessada na compra, de que no prédio objecto de negociação se podiam construir dez a doze vivendas quando sabia que no local a construção estaria altamente limitada e condicionada, viola as regras da boa fé na fase pré-negocial, obrigando-o a indemnizar. III - Tal indemnização deve no entanto, ser excluída, nos termos do artigo 570 n.1 do Código Civil ( culpa do lesado ) quando se demonstra que este não consultou no registo predial a situação do prédio, não se informou junto da Câmara Municipal respectiva sobre a aptidão...
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