Acórdão nº 98B661 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1998
Magistrado Responsável | DIONISIO CORREIA |
Data da Resolução | 15 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART440 ART411 ART457 ART777 N2 ART804 N2 N3 ART830 N1 N2 N4 ART1456 ART1457.
Sumário : I - Vigora no nosso direito o chamado "princípio do contrato" já que só o contrato, no domínio da vontade, pode ser fonte de obrigações. II - Assim, a mera declaração unilateral de vontade, por parte dos promitentes vendedores, de alienarem uma dada fracção habitacional aos promitentes compradores não gera, sem mais, o direito dos últimos à prestação pois que se torna necessário a previa aceitação destes promissários também a sua ausência às respectivas cláusulas para que o contrato se haja por aperfeiçoado. III - Se a aceitação de tal negócio for também operada pelo cônjuge da autora, é esta, em princípio também, parte legitíma para a acção em que se discuta o respectivo cumprimento e na qual ambos exibiram documento escrito subscrito pelos promitentes vendedores, nele fundando aliás o correspondente pedido. IV - A execução específica de um contrato-promessa de compra e venda a que se...
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