Acórdão nº 065032 de Supremo Tribunal de Justiça (Portugal), 26 de Março de 1974
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 26 de Março de 1974 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART410 N2 ART441 ART830 N1. CPC67 ART468 N2.
Jurisprudência Nacional: AC STJ DE 1968/03/29 IN BMJ N175 PAG272.
Sumário : I - Para se obter sentença, nos termos do artigo 830 do Codigo Civil, que produza os efeitos da declaração negocial faltosa, e necessaria a verificação dos seguintes requisitos: a) Não ser incompativel com a substituição da declaração negocial a natureza da obrigação assumida pela promessa; b) não existir convenção em contrario; c) haver incumprimento por parte do demandado. II - A execução especifica requerida ao abrigo daquele artigo não e impedida pela natureza do titulo em que ficou exarada a promessa, assinado pelos promitentes, podendo esta constar das actas de...
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