Acórdão nº 072013 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1984
Magistrado Responsável | CORTE REAL |
Data da Resolução | 04 de Dezembro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART432 ART442 N3 ART830 ART1137 N2 ART1140 ART1251 ART1253 ART1306 ART1311 ART1313. DL 236/80 DE 1980/07/18. CPC67 ART729 N2 ART772 N2.
Jurisprudência Nacional: AC STJ DE 1982/11/18 IN BMJ N321 PAG387.
Sumário : I - Na vigencia da actual redacção do artigo 442 do Codigo Civil (Decreto-Lei n. 236/80, de 18 de Julho) - apenas aplicavel aos contratos-promessa cujo incumprimento se tenha verificado apos a sua entrada em vigor -, havendo tradição da coisa para o promitente-comprador, este goza, nos termos gerais, do direito de retenção sobre ela, pelo credito resultante do incumprimento do promitente-vendedor. E, assim - artigos 1251, 1253 e 1306 do Codigo Civil -, o promitente-comprador tem a sua posse legitima ate ser convencido do seu incumprimento culposo, com exclusão do incumprimento por parte do promitente-vendedor. II - No dominio da redacção primitiva daquele artigo 442, havendo tradição de predio urbano, para o promitente-comprador, para ai permanecer, habitando-o, ate a outorga da escritura de compra e venda ou...
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