Acórdão nº 063217 de Supremo Tribunal de Justiça (Portugal), 30 de Outubro de 1970 (caso NULL)
Magistrado Responsável | CAMPOS DE CARVALHO |
Data da Resolução | 30 de Outubro de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CASTRO MENDES IN MANUAL DE PROCESSO CIVIL PAG451. DIAS FERREIRA IN CODIGO ANOTADO V2 PAG68.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CPC67 ART71 N1 N2 ART659 N2 ART713 N2. CCIV867 ART744 ART1114 PAR2 ART1548 ART1583 PAR1.
Sumário : I - Na falta de estipulação sobre o lugar de pagamento das prestações convencionadas num contrato-promessa de compra e venda, devia ele efectuar-se no domicilio do devedor, de harmonia com a regra do artigo 744 do Codigo Civil (de 1867), uma vez que o paragrafo 1 do artigo 1583 do mesmo diploma so e aplicavel ao contrato de compra e venda a pronto pagamento. II - Sendo assim, não tendo sido exigido, pelo promitente- -vendedor e no domicilio do promitente-comprador, o pagamento da prestação, não e imputavel ao ultimo a falta desse pagamento, não estando o mesmo, por isso, constituido em mora. III - Tendo-se convencionado que o predio seria vendido sem encargos, falta ao cumprimento do contrato, ficando sujeito a restituição em dobro do sinal passado, o promitente-vendedor que não distratou oportunamente a...
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