Acórdão nº 0030391 de Court of Appeal of Lisbon (Portugal), 06 de Novembro de 1990
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 06 de Novembro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART830.
Sumário: I - Já na parte fundamentante da sentença apelada se fez constar que "e da audiência resultou, ainda que não haja prova documental na acção, que o R marido já vendeu a um terceiro, que foi testemunha, o prédio em causa". II - Este ponto não foi alvo de qualquer contestação pelo apelante, conquanto na acta atinente à inquirição das testemunhas nada disso tenha ficado consignado e das respostas aos quesitos nada conste sobre tanto; sendo, pois, uma irregularidade - o julgador só pode servir-se dos factos provados - o certo é que o silêncio do apelante só pode valer como aceitação dessa frase como expressão da verdade. III - Sobre a aplicabilidade do artigo 830 do C. Civil não pode duvidar-se, visto que não veio regular condições que dão o ser ao contrato promessa - o sinal não é um elemento indispensável para que se esteja perante um contrato promessa, conquanto dele seja...
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