Acórdão nº 0081131 de Court of Appeal of Lisbon (Portugal), 28 de Junho de 1994
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 28 de Junho de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O ASCENÇÃO IN DIR REAIS 1973 PAG134 299 301 307. MENEZES CORDEIRO DIR REAIS V1 PAG456 497 571 V2 PAG1102.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV66 ART202 ART203 ART204 N1 D ART219 ART405 ART777 ART874 ART875 ART879. DL 355/81 DE 1981/12/31 ART2 ART3 ART5 ART7. DL 368/83 DE 1983/10/04. DL 130/89 DE 1989/04/18. DL 275/93 DE 1993/08/05.
Sumário: I - No DL n. 355/81, de 31 de Dezembro, não se adstringe a escritura pública que não seja para o título constitutivo da habitação periódica no plano do dono do empreendimento (artigos 2 e 3), à semelhança do que se preceitua para a propriedade horizontal (artigo 1412, CC), competindo ao adquirente desse concreto direito real menor, como titulação, um certificado predial (artigo 5, ns. 2 e 4). II - Assim, em Fevereiro de 1988, ex vi artigo 7 n. 4 do DL n. 355/81 e artigos 405 e 219 do Código Civil, um tal contrato promessa de compra e venda tinha de regular-se pelo que de imperativo existe nos artigos 408 e 410 e seguintes do dito código (considerando a redacção do DL n. 379/86, de 11 de Novembro). III - Para que o promitente comprador desse bem seja efectivo adquirente, preciso é que entre as partes se realize a compra e venda: artigos 874 e 879 do Código Civil, pois à promessa tem de seguir-se a concretização do negócio jurídico prometido. IV - Não se segue, porém, que a escritura pública não seja a forma de realização da compra e venda: artigos 875, 202, 203, 204, n. 1, alínea d), do Código Civil. V - Não contendo o contrato promessa cláusula que previna ou fixe prazo para a outorga da compra e venda, a disciplina não pode deixar de...
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