Acórdão nº 9930717 de Court of Appeal of Porto (Portugal), 01 de Julho de 1999
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 01 de Julho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART289 N1 ART410 N1.
Sumário: I - Na acção fundada na outorga de contratos nulos a declaração de nulidade dos contratos-promessa pretensamente nulos, que na petição inicial vem indicada como pedido principal, só formalmente se configura como pedido, sendo os factos que determinaram a nulidade apenas um elemento da causa de pedir. II - Nessa acção, de acordo com a regra do artigo 289 n.1 do Código Civil que atribui à declaração de nulidade efeitos retroactivos e obrigação de restituir as prestações efectuadas, torna-se necessário determinar quais foram as prestações que as partes realizaram no contrato definitivo se, e quando, efectuado foi ( só então podendo dizer-se estar cumprido o contrato-promessa ). III - Num contrato-promessa de cessão de quota de uma sociedade com a actividade de extracção e comercialização de inertes, cujo preço prometido seria satisfeito através das prestações, de valor equivalente, indicadas em dois contratos-promessa de compra e venda de fracções prediais...
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