Acórdão nº 079554 de Supremo Tribunal de Justiça (Portugal), 16 de Outubro de 1990 (caso NULL)
Magistrado Responsável | BROCHADO BRANDÃO |
Data da Resolução | 16 de Outubro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CIV - DIR OBG.
LegislaÁ„o Nacional: CPC67 ART474 C ART511 N1 ART513. CCIV66 ART217 ART219 ART410 ART432 ART442 ART804 ART805 ART808 N1 ART830.
Sum·rio : I - O facto de os promitentes-vendedores n„o cumprirem a sua parte no contrato prometido, n„o acabando a casa, objecto da promessa de venda, e n„o fazendo a escritura constitui mora simples, ilicito originando direito a indemnizaÁ„o (artigos 804 e 805 do Codigo Civil). II - Para haver incumprimento e necessario a perda do interesse na prestaÁ„o, ou a fixaÁ„o de novo prazo razoavel (artigo 808 Codigo Civil). III - Os pedidos de execuÁ„o especifica e de transmiss„o de propriedade s„o demonstrativos de que n„o ha perda do interesse na prestaÁ„o, mas, bem pelo contrario, da manutenÁ„o desse interesse. IV - A execuÁ„o especifica funda-se no...
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