Acórdão nº 080467 de Supremo Tribunal de Justiça (Portugal), 20 de Fevereiro de 1992
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 20 de Fevereiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART12 N2 ART280 ART413 ART442 ART799 ART801 N1 ART830 N1. DL 236/80 DE 1980/07/18 ART2. DL 289/73 DE 1973/06/06 ART1 ART27 N2. DL 400/84 DE 1984/12/31 ART4 N1 A C D ART2 N1 A B C D N2 ART57 N2 B ART58 ART60 ART67. DL 448/91 DE 1991/11/29 ART53 ART56 N3. DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: ASS STJ DE 1987/07/21 IN BMJ N369 PÁG199.
Sumário : I - Na vigência do Decreto-Lei 289/73, de 6 de Junho, é válido o contrato-promessa de compra e venda de terreno compreendido em loteamento sem alvará, a menos que, no momento da celebração desse contrato haja impossibilidade de obtenção do alvará, por haver lei, regulamento ou acto administrativo impeditivo da sua emissão. II - No contrato promessa a não obtenção do alvará ou licença impeditiva da realização do contrato prometido é em si mesma incumprimento do contrato promessa, que responsalize o promitente-vendedor nos termos dos artigos 442 e 830 do Código Civil. III - A não obtenção voluntária do alvará por culpa própria faz o...
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