Acórdão nº 086695 de Supremo Tribunal de Justiça (Portugal), 11 de Janeiro de 1996 (caso NULL)
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 11 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: G TELES OBG 6ED PÁG121. A COSTA OBG 5ED PÁG332 RLJ ANO126 PÁG310.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART349 ART350 ART441 ART830 N1 N2. DL 400/84 DE 1984/12/31 ART1 N1 A ART47 N1 ART54 N1 ART60. CPC67 ART264 ART456 N1.
Jurisprudência Nacional: AC STJ DE 1986/11/25 IN BMJ N361 PAG527. AC STJ DE 1988/10/27 IN BMJ N380 PAG477.
Sumário : I - Não podendo ser obtido alvará de licenciamento do lote prometido vender o negócio jurídico que lhe respeita é nulo, por versar sobre objecto impossível, o que sucedeu no caso dos autos, pois o lote prometido vender tinha o alvará caducado. II - Além disso a execução específica não é viável, pois, como vem assente, no caso dos autos houve sinal passado e, além disso, foi fixada uma pena para o caso de não cumprimento da promessa, pois considera-se sinal, mesmo quando respeita à prestação devida, não tendo sido ilidida a...
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