Acórdão nº 074854 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1987
| Magistrado Responsável | SOARES TOME |
| Data da Resolução | 30 de Junho de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO108 PAG61.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART220 ART239 ART280 ART286 ART289 N1 ART294 ART410 N1 N2 ART473 ART476 ART479 ART481 ART566 N3 ART873. CPC67 ART721 ART722.
Sumário : I - A falta do nome do reu, no documento que titula o contrato-promessa de compra e venda, não determina a nulidade do contrato nela referido. II - A falta de assinatura do promitente comprador tem como consequencia a nulidade do contrato. III - Tanto a declaração de nulidade como a anulação do negocio tem efeito retroactivo, devendo ser restituido tudo o que tiver sido prestado ou, se a restituição em especie não for possivel, o valor correspondente. IV - No nosso direito, o negocio juridico nulo...
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