Acórdão nº 082107 de Supremo Tribunal de Justiça (Portugal), 03 de Junho de 1992
Data | 03 Junho 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART436 ART442 N2 ART798 ART801 ART804 ART808.
Sumário : I - Não tendo a escritura definitiva de compra e venda sido celebrada no decurso do prazo previsto no contrato promessa a sua não celebração em tal tempo conduziria à caducidade do contrato promessa se se considerasse esse prazo como fixo ou absoluto no entendimento de que, decorrido ele, o contrato deixaria de interessar aos intervenientes. II - Nada tendo sido alegado, nesse sentido, pelas partes, deve considerar-se que, decorrido o prazo consignado, o contrato não caducou. III - A não realização da escritura é de imputar aos promitentes vendedores, se estes se comprometeram a apresentar o alvará de loteamento do terreno prometido vender e não o fizeram, tendo-se, por essa razão, constituido em mora. IV - A simples...
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