Acórdão nº 072691 de Supremo Tribunal de Justiça (Portugal), 16 de Julho de 1985 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 16 de Julho de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART668 N1 D. CCIV66 ART406 N1 ART410 ART437 ART442 N2 N3 N4 ART562 ART798 ART804 N1 ART805 N1 ART809 ART810 ART811 N1 ART830. DL 200-C/80 DE 1980/06/24. DL 236/80 DE 1980/07/18. DL 262/83 DE 1983/06/16.
Jurisprudência Nacional: AC STJ PROC72781 DE 1985/05/07.
Sumário : I - Incumprido o contrato-promessa por culpa do promitente- -vendedor, o promitente comprador pode optar pela indemnização ou pela execução específica. II - Após as alterações dos artigos 442 e 830 do Código Civil, pelo Decreto-Lei n. 236/80, de 18 de Julho, a execução é, como já era, admissível em relação a todos os contrato- -promessa, só com a restrição da natureza da obrigação, e não apenas em relação a prédios ou fracções de prédios para habitação ou quando tenha havido tradição da coisa. III - Os preços da construção e a demora na constituição da propriedade horizontal são factos previsíveis e não anormais, para um construtor vendedor. IV - O disposto nos números 2, 3 e 4 do artigo 442 do Código Civil só se referem ao incumprimento do...
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