Acórdão nº 0082412 de Court of Appeal of Lisbon (Portugal), 17 de Março de 1994
Magistrado Responsável | EDUARDO BAPTISTA |
Data da Resolução | 17 de Março de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 N3 ART410 ART413 ART595 ART830 ART1311. CPC67 ART26 N1 N3 268 ART271 N1 ART276 N1 C ART279 N1 ART660 N2 ART661 N1. CRP84 ART2 N1 A ART3 N1 A ART7.
Jurisprudência Nacional: AC STJ DE 1978/03/30 IN BMJ N275 PAG163. AC STJ DE 1978/10/26 IN BMJ N280 PAG256. AC STJ DE 1981/07/16 IN BMJ N308 PAG242. AC STJ DE 1983/03/03 IN BMJ N325 PAG548. AC STJ DE 1975/06/06 IN BMJ N248 PAG423. AC STJ DE 1976/04/03 IN BMJ N256 PAG112. AC STJ DE 1980/11/26 IN BMJ N301 PAG412. AC RC DE 1981/10/27 IN BMJ N312 PAG314. AC PP DE 1982/11/04 IN CJ ANOVII T5 PAG245. AC RL DE 1990/02/05 IN CJ ANOXV T1 PAG158. AC RL DE 1978/03/03 IN CJ ANOIII T2 PAG401. AC RL DE 1988/12/20 IN CJ ANOXIII T5 PAG130.
Sumário: I - É parte legítima de uma acção quem, segundo a descrição factual da petição inicial, seja sujeito da relação jurídica controvertida. II - Os efeitos de um contrato promessa de compra e venda, a que as partes não atribuiram eficácia real, têm natureza obrigacional, vinculam somente os seus contraentes e são inoponiveis a terceiros detentores de direitos reais incompatíveis, ainda que adquiridos posteriormente...
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