Acórdão nº 063207 de Supremo Tribunal de Justiça (Portugal), 27 de Outubro de 1970
Magistrado Responsável | RUI GUIMARÃES |
Data da Resolução | 27 de Outubro de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: VAZ SERRA IN IMPOSSIBILIDADE SUPERVENIENTE E CUMPRIMENTO IMPERFEITO IMPUTAVEIS AO DEVEDOR IN BMJ N47 PAG5.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART801 ART804 ART805. CPC67 ART662 N2 B.
Jurisprudência Nacional: AC STJ DE 1967/01/27 IN BMJ N163 PAG296.
Sumário : I - A impossibilidade de cumprimento da obrigação a que se refere o artigo 801 do Codigo Civil so se verificara se for absoluta ou, quando muito, se o cumprimento se apresentar como extremamente dificil ou oneroso. II - Um contrato-promessa de trespasse de determinado estabelecimento celebrado entre duas sociedades não pode ter-se como não cumprido quando de factos posteriores - designadamente alterações nas pessoas fisicas dos socios e na firma da sociedade promitente do trespasse e atribuição de novo destino ao imovel onde o estabelecimento se situava - não resultar a impossibilidade de essa sociedade efectuar o trespasse prometido. III - Não se tendo fixado, nesse contrato, dia certo para a celebração da escritura do negocio prometido, era indispensavel, para a promitente do...
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