Acórdão nº 0074461 de Court of Appeal of Lisbon (Portugal), 15 de Março de 1994
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 15 de Março de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PIRES DE LIMA ANTUNES VARELA COD CIV ANOT 1982 I PAG358.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART664 ART668 N1 D ART678 ART684. CCIV66 ART12 ART217 ART219 ART220 ART222 ART224 N1 ART227 ART280 ART285 ART286 ART292 ART405 ART406 ART410 ART411.
Sumário: I - O escôpo dos recursos é fazer-se reapreciar o que decidido foi: artigos 678 n. 1, 684, CPC. II - Assim, não pode o recorrente pretender que sejam apreciadas e decididas questões que atempadamente não sustentou, e que, portanto, não foram - nem tinham que ser - objecto de apreciação jurisdicional: citados preceitos e ainda artigos 664 e 668 n. 1 d), CPC. III - Existindo nos autos, por parte do autor, tão só a petição inicial e o alegado e assumido contrato de promessa bilateral, em escrito que evidencia ser o original, segue-se que, nada tendo sido expendido sobre a virtualidade de esse contrato poder valer como promessa unilateral dos vendedores promitentes, não está o tribunal em condições de, sem mais, poder usar da "escapatória" do artigo 411 do Código Civil ex vi artigo 292 do mesmo, porque de todo em todo se não sabe se os promitentes vendedores assumiriam um semelhante negócio...
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