Acórdão nº 080545 de Supremo Tribunal de Justiça (Portugal), 02 de Julho de 1991 (caso NULL)
| Magistrado Responsável | MIGUEL MONTENEGRO |
| Data da Resolução | 02 de Julho de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATERIA DE FACTO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART441 ART830 N2 NA REDACÇÃO DO DL 378/86 DE 1986/11/11.
Sumário : I - Sendo ilidivel a presunção estabelecida no artigo 441 do Codigo Civil e tendo sido alegados factos com vista a tal ilisão, o apuramento de tal circunstancialismo tem, em principio, interesse relevante para efeitos de determinar se ao autor assiste ou não o direito a execução especifica do contrato-promessa (artigo 830 n. 2 do Codigo Civil). II - Estando aquele contrato-promessa sujeito a uma condição resolutiva, segundo a qual o contrato ficaria sem efeito, se a venda implicasse nova avaliação do terreno rustico e aumento da sua contribuição, havera que apurar...
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