Acórdão nº 076748 de Supremo Tribunal de Justiça (Portugal), 16 de Novembro de 1988
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 16 de Novembro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA OBG GER VI PAG205 4ED. G TELES DIR OBG 3ED PAG85. M CORDEIRO DIR OBG 1980 VI PAG472.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 N3 ART547 N1 ART830 N1 N2 N5.
Sumário : I - Dado o incumprimento pelo promitente-vendedor, o promitente-comprador pode realizar coactivamente a obrigação de contratar - execução especifica, que não pode ser afastada pelas partes. II - Porem, a acção em que se peça esta execução improcede, se o requerente não consignar em deposito a sua prestação no prazo que lhe for fixado pelo tribunal, sendo esta consignação um elemento constitutivo do direito invocado- -execução especifica. III - Não tendo o...
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