Acórdão nº 0005592 de Court of Appeal of Lisbon (Portugal), 22 de Fevereiro de 1996
Magistrado Responsável | FERREIRA MESQUITA |
Data da Resolução | 22 de Fevereiro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: BATISTA LOPES IN COMPRA E VENDA PAG100. PIRES DE LIMA E ANTUNES VARELA IN CCIV66 ANOTADO V2 PAG129.
Área Temática: DIR CIV - DIR CONTRAT. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART874 ART879 ART883 N1. CPC67 ART667 N1. CNOT67 ART84 ART85 ART142 N4. DL 67/90 DE 1990/03/01. CNOT95 ART4 N1 ART7 ART70 ART71 ART132 N1 N2.
Sumário: I - Da conjugação dos artigos 874 e 879, do Código Civil, conclui-se que a estipulação do preço é um requisito essencial do contrato de compra e venda. II - É nulo o contrato de compra e venda celebrado por escritura pública na qual não consta o preço. Não sendo possível a rectificação por averbamento, nos termos do artigo 142 n. 4 do Código do Notariado de 1967 ou nos...
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