Acórdão nº 077072 de Supremo Tribunal de Justiça (Portugal), 10 de Fevereiro de 1989
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 10 de Fevereiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART273 N2 ART286 ART287 ART289 N1 N3 ART410 ART559 ART661 ART806 ART1260 N1. CPC67 ART721 ART722. CNOT67 ART89.
Jurisprudência Nacional: AC STJ DE 1977/07/26 IN BMJ N266 PAG158.
Sumário : I - Tendo os autores pedido a restituição de preço pago e juros a taxa anual de 5%, so isso lhes pode ser concedido e não os juros a taxa legal que porventura, excedessem aquela, isso implicaria condenação em quantidade superior, passivel da nulidade prevista na lei. II - Se o contrato-promessa de compra e venda e nulo por falta de forma, o que resulta dos factos provados nas instancias materia a acatar pelo STJ, essa nulidade conduz a anulação do negocio com efeito retroactivo e restituição de tudo quanto houver sido...
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