Acórdão nº 062826 de Supremo Tribunal de Justiça (Portugal), 14 de Novembro de 1969
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 14 de Novembro de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC61 ART534 ART537 ART538 N1 ART617 N2. CCIV867 ART661 ART1548 PARUNICO.
Jurisprudência Nacional: ASS STJ DE 1963/11/15 IN DG 1963/12/02. ASS STJ DE 1966/03/04 IN DG IS 1966/03/04.
Sumário : I - A rescisão de um contrato-promessa de compra e venda de um predio, com base em incumprimento da promitente vendedora, resultante de a area exacta ser diferente da que consta do titulo, pretendendo-se a sua vinculação a nele referida, por o ter assinado e não obstante os promitentes-compradores saberem que ela desconhecia em absoluto essa area, fere a boa fe que deve imperar nos negocios juridicos, pode dar azo a juizos temerarios e não tem apoio legal. II - O erro sobre a extensão da coisa vendida e um erro sobre as qualidades do objecto e, portanto, sujeito ao regime do artigo 661 do Codigo Civil de 1867, mas desde que o pedido da acção não seja vasado no erro sobre...
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