Acórdão nº 0075516 de Court of Appeal of Lisbon (Portugal), 19 de Janeiro de 1995
| Magistrado Responsável | DAMIÃO PEREIRA |
| Data da Resolução | 19 de Janeiro de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA IN CCIV66 ANOTADO V3 2 EDIÇÃO PAG6 - ANTUNES VARELA IN RLJ ANO124 PAG351 - R BASTOS IN NOTAS V4 PAG44/45.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART442 ART755 N1 F ART758 ART759 N3 ART1251 ART1253. DL 379/86 DE 1986/11/11. CPC67 ART864.
Jurisprudência Nacional: AC STJ DE 1968/03/29 IN BMJ N175 PAG272.
Sumário: I - Tendo havido tradição do andar prometido comprar e vender e sendo o não cumprimento do contrato-promessa imputável ao promitente-vendedor, o promitente-comprador goza do direito de retenção pelo crédito resultante do incumprimento. II - O direito de retenção do promitente-comprador não obsta à penhora do...
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