Acórdão nº 083072 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1993
| Magistrado Responsável | CARLOS CALDAS |
| Data da Resolução | 23 de Março de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: DL 236/80 DE 1980/07/18 ART3. CCIV66 ART410 ART442 N2 N3 ART830 N1 N2.
Sumário : I - Tendo sido proposta uma acção, antes da alteração do artigo 442 do Código Civil, por falta de cumprimento do contrato-promessa de compra e venda, na qual a Ré foi condenada a pagar ao A. o sinal em dobro, o que já cumpriu da forma que lhe era possivel - consignação em depósito -, não é viável o pedido feito, em nova acção, de ser dada sentença que produza os efeitos da declaração negocial da faltosa. II - Há que atender à data do incumprimento do contrato- -promessa, para efeitos de aplicação do n. 2 do artigo 442 do Código...
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