Acórdão nº 073961 de Supremo Tribunal de Justiça (Portugal), 06 de Novembro de 1986
| Magistrado Responsável | SOLANO VIANA |
| Data da Resolução | 06 de Novembro de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART437 ART442 N2 ART830 ART1677-D ART1682-A N1. CPC67 ART660 N2.
Jurisprudência Nacional: AC STJ DE 1984/06/28 IN BMJ N338 PAG409.
Sumário : I - Face ao artigo 442, n. 2, do Codigo Civil, o direito de pedir a execução especifica do contrato existe independentemente da tradição da coisa. II - A faculdade de obter sentença que produza os efeitos da declaração negocial do faltoso, a que se refere o artigo 830, n. 1, do Codigo Civil, e uma providencia destinada a substituir, no caso de não cumprimento da obrigação, o cumprimento pelo devedor. III - No regime de comunhão geral de bens, devem ambos os conjuges intervir, dando o seu consentimento, em qualquer alienação de imoveis proprios ou comuns do casal. IV - Não pode, na referida sentença, substituir-se a vontade do conjuge, o seu consentimento, se não for parte...
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