Acórdão nº 074868 de Supremo Tribunal de Justiça (Portugal), 02 de Junho de 1987
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 02 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A AMPLIAÇÃO DA MATERIA DE FACTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART489 ART668 N1 D ART722 N2 ART729 N2. CCIV66 ART12 N1 ART220 ART410 N2 N3. DL 379/86 DE 1986/11/11 ART1.
Sumário : I - O regime juridico vigente anteriormente a actual redacção do artigo 410 n. 3 do Codigo Civil, uma vez que não e interpretativo o Decreto 379/86, de 11 de Novembro, era o de que o contrato de promessa de compra e venda devia constar de documento escrito assinado pelos promitentes. II - Não era, porem, invocavel pelo promitente-vendedor a omissão desse requisito, salvo no caso de ter sido o promitente-comprador que directamente lhe deu causa. III - Assim, tendo a acção sido intentada pelo promitente-comprador, e não tendo os reus alegado na contestação a falta de reconhecimento da assinatura do autor, so vindo a faze-lo na treplica, esta alegação e irrelevante e não podia a Relação dela conhecer. IV - Mas não tendo sido...
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