Acórdão nº 086250 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1995
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 09 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART659 N2 N3 ART661 N1 ART713 N2 ART721 N2 ART722 N2 ART729 N2 N3 ART730 N2. CCIV66 ART220 ART221 N2 ART368 ART376 N1 ART410 N2 ART592 N1. CCIV867 ART686 ART1548.
Jurisprudência Nacional: ASS STJ DE 1963/11/15 IN DG IS 1963/12/02. ASS STJ DE 1989/11/29 IN DR IS DE 1990/02/23.
Sumário : I - Se as Relações têm poder, nos termos dos artigos 659, n. 3, e 713, n. 2, do Código de Processo Civil, e no quadro do recurso de apelação, para extrair do quadro fáctico inicialmente apurado as correspondentes presunções judiciais, já o mesmo se não passa com o Supremo Tribunal de Justiça que, no domínio do recurso de revista, não goza de similar competência (artigos 721, n. 2, 722, n. 2, e 729, n. 2, do Código de Processo Civil). II - A exigência de documento escrito, assinado por ambos os promitentes, para o contrato-promessa bilateral de compra e venda de imóveis, tem por fim, à luz do disposto no artigo 410, n. 2, do Código Civil e além do mais, acautelar os promitentes, ao nível das obrigações principais por um e outro...
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