Acórdão nº 082322 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1992
| Magistrado Responsável | AMANCIO FERREIRA |
| Data da Resolução | 02 de Dezembro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A COSTA OBG 5ED PAG334. B PROENÇA INC CONT PROM PAG38. M CORDEIRO OBG VI PAG471. G TELES OBG 5ED PAG98. P LIMA A VAREL VII 2ED PAG93.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART428 ART432 ART442 N2 ART799 N1 ART804 N1 ART830 N5. DL 379/86 DE 1986/11/11. CPC67 ART202 N2 ART203 N1 ART205 N1 ART206 N2 ART722 N2 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1985/05/02 IN BMJ N347 PAG375. AC STJ DE 1986/10/14 IN BMJ N360 PAG526. AC STJ DE 1988/06/07 IN BMJ N378 PAG716. AC STJ DE 1989/11/02 IN BMJ N391 PAG538.
Sumário : I - Nos termos do artigo 830, n. 5 do Código Civil, na acção de execução específica contra o promitente-vendedor, deve o promitente comprador consignar em depósito o preço ainda em falta antes da sentença, sob pena da acção improceder. A falta de estipulação de prazo pelo juiz para essa consignação constitui uma nulidade processual, sanada por não arguída...
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