Acórdão nº 083061 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1993
Magistrado Responsável | BALTAZAR COELHO |
Data da Resolução | 25 de Fevereiro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART456 N2 ART664 ART684 N2 N3 N4. CCIV66 ART12 ART410 N3 ART830 N1 N2 N3. DL 379/86 DE 1986/11/11.
Sumário : I - Nos termos do artigo 684, ns. 2, 3 e 4 do Código de Processo Civil, as conclusões formuladas na alegação do recorrente, delimitam o objecto da revista. II - Tendo um contrato-promessa sido celebrado em 26 de Fevereiro de 1988 e todos os factos alegados e a ter em conta serem daquela data ou ocorrido posteriormente as disposições do Código Civil aplicáveis ao caso "sub judice" são, de acordo com o artigo 12 daquele diploma legal, aquelas que resultaram do Decreto-Lei n. 379/86, de 11 de Novembro. III - Do encadeamento do disposto nos artigos 830, n. 3 e 410, n. 3, ambos do Código Civil, resulta que a presunção estabelecida no n. 2 do primeiro dos artigos citados - dever entender-se que a existência de sinal faz presumir terem as partes convencionado não ser possível a execução específica - deixa de funcionar quando o contrato-promessa caiba...
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