Acórdão nº 0065041 de Court of Appeal of Lisbon (Portugal), 24 de Fevereiro de 1993
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 24 de Fevereiro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART653 N5 ART666 N2 ART668 N1 C ART669 A ART712. CCIV66 ART219 ART220 ART227 ART342 ART346 ART410 ART411 ART516. CNOT67 ART89 K.
Sumário: I - A faculdade do artigo 653, número 5, do CPC só tem ocasião perante o próprio tribunal e em acto seguido à publicação da decisão sobre a matéria de facto. II - Tendo o autor sustentado que o contrato de promessa não teve expressão escrita, não se consumou escritamente, tinha que provar a mera existência de um contrato verbal, a entrega e recebimento do sinal. III - Sustentando os demandados que o contrato-promessa teve acabada expressão escrita, haviam de provar a existência desse acabado escrito contratual. IV - Daí que tenha de resultar provado apenas que houve contrato-promessa verbal, que por força dos artigos 410, 1118, 219, 220, 227 do Código Civil e 89 k do Código Notariado é nulo e tem como consequência a reposição da situação ante-negocial: artigos 286 e 289 Código Civil. V - Se a minuta (negocial) que tenha havido não foi assinada é porque o consenso contratual se não formou ou, pelo menos, não houve vontade contratual. Então, não há contrato, mas preliminares negociais para um...
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