Acórdão nº 073735 de Supremo Tribunal de Justiça (Portugal), 09 de Outubro de 1986
| Magistrado Responsável | BRAGA THEMIDO |
| Data da Resolução | 09 de Outubro de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART406 N1 ART442 N2 ART778 N1 N2.
Jurisprudência Nacional: AC RL PROC21256 DE 1984/01/19.
Sumário : I - O artigo 778 do Codigo Civil, nos ns. 1 e 2, consagra as clausulas, exclusiva e unicamente pessoais, cum potuerit e cum valuerit, respectivamente. II - Estas clausulas são de natureza excepcional e, por isso, não podem aplicar-se por analogia. III - Tal preceito não e aplicavel as pessoas colectivas. IV - No contrato-promessa de compra e venda, a expressão logo que o edificio estivesse construido e em condições de poder realizar-se a escritura de compra e venda de um andar, revela a possibilidade da escritura ser celebrada a todo o tempo, criando a expectativa da celebração tão depressa quanto possivel, obrigando o...
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