Acórdão nº 072678 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1985
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 02 de Maio de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART236 ART280 N1 ART293 ART442 N2 ART798 ART801 N1 N2 ART804 N1 ART808 N1 N2.
Jurisprudência Nacional: AC RL DE 1979/07/17 IN CJ ANOIV T5 PAG1584.
Sumário : I - Em acção destinada a resolver um contrato-promessa e a pedir a restituição do sinal, a causa de pedir e constituida pelos factos concretos demonstrativos da inexecução culposa da promessa por parte do outro promitente. II - O juiz não modifica a causa de pedir invocada na petição inicial se aprecia e decide a acção com base nos mesmos factos concretos reveladores do inadimplemento culposo, alegados pelo autor, apesar de este ter pressuposto a validade da promessa de uma quota sobre um imovel e de o juiz, so atraves da conversão dos negocios (artigo 293 do Codigo Civil), ter reputado valida a promessa e haver decidido que esta incidira sobre aquele imovel. III - Os artigos 798, 801, 804 e 808 do Codigo Civil, aplicaveis aos contratos em geral, tambem são de observar quanto ao contrato-promessa. IV - A resolução da promessa e as sanções da perda do sinal ou da sua restituição em dobro ( artigo 442 do Codigo Civil) so tem lugar no caso de inadimplemento definitivo da promessa. V - Se houver simples mora da parte de algum dos promitentes, ja não se aplica o disposto no artigo 442, n. 2, do Codigo Civil, embora o promitente lesado tenha direito a uma reparação pelos danos causados, nos termos gerais do artigo 804 do Codigo Civil. VI - Tambem no contrato-promessa os dois casos previstos no artigo 808 do Codigo Civil são equiparados ao não cumprimento definitivo. VII - Assim, o mero interesse subjectivo do promitente-vendedor em não outorgar no negocio prometido, devido a inobservancia dos...
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