Acórdão nº 084834 de Supremo Tribunal de Justiça (Portugal), 11 de Janeiro de 1994
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 11 de Janeiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A COSTA OBG PÁG268. G TELLES OBG PÁG117. R ALARCÃO OBG PÁG141. P LIMA A VARELA ANOT VOLI PÁG380. B PROENÇA INCUMPRI PÁG33.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART285 ART286 ART288 ART440 N3 ART442. DL 236/80 DE 1980/07/18 RECT 1980/08/12 DR IS. DL 379/86 DE 1986/11/11. CPC67 ART712 N1 ART722 N2 ART729 N2.
Sumário : I - Embora a lei admita a junção de documentos supervenientes com as alegações dirigidas ao Supremo Tribunal de Justiça, impõe-se desentranhar os que não têm o efeito pretendido pela excepção do artigo 722 n. 2 do Código de Processo Civil e que apenas contêm matéria já deferida na contestação. II - A nulidade por falta de reconhecimento notarial das assinaturas no contrato promessa de compra e venda, como se exige no artigo 410, n. 3 do Código Civil, não pode ser conhecida oficiosamente, dado que sendo esse requisito estabelecido em benefício do promitente comprador, ele poderia ficar prejudicado, mormente na execução específica do contrato. III - Não se tendo convencionado data e hora para a celebração do contrato...
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