Acórdão nº 062254 de Supremo Tribunal de Justiça (Portugal), 29 de Março de 1968
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 29 de Março de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: VAZ SERRA IN RLJ ANO100 PAG195.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC61 ART276 N1 C ART279. CCIV867. CCIV66 ART830.
Sumário : I - A promessa de compra e venda reveste a figura de mera convenção de prestação de facto, a qual, a face do Codigo Civil de 1867, no caso de incumprimento, apenas concede ao contraente não remisso o direito de pedir a indemnização devida, não podendo o promitente-vendedor ser compelido a vender a coisa. II - O artigo 830 do Codigo Civil de 1966 não e aplicavel aos casos de não cumprimento anteriores a entrada em vigor desse diploma. III - Não e possivel, mesmo a face desse preceito, que uma decisão judicial produza os efeitos da declaração negocial do faltoso, quando sujeita a escritura publica. IV - O contrato-promessa de compra e venda não perde a sua natureza pelo facto de ter...
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