Acórdão nº 084173 de Supremo Tribunal de Justiça (Portugal), 12 de Janeiro de 1994
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 12 de Janeiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE TEORIA GERAL DAS OBG PAG53 RLJ ANO120 PAG219. G TELES DIR OBG 6ED PAG106. GALVÃO SILVA SINAL E CONTRATO-PROMESSA 3ED PAG57.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL / DIR FAM. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART220 ART334 ART410 N3 ART442 N2 N4 ART755 N1 F ART830 N1 ART1286 ART1311 N1 N2 ART1682 A ART1684. CRP84 ART7.
Jurisprudência Nacional: AC STJ DE 1985/03/21 IN BMJ N345 PAG408. AC STJ DE 1984/06/28 IN BMJ N338 PAG409. AC STJ DE 1989/11/29 IN BMJ N391 PAG610. AC STJ PROC87879 DE 1993/11/10.
Sumário : I - Do contrato-promessa de compra e venda só derivam obrigações, não a transmissão da propriedade dos bens, pois que as partes apenas se obrigam à celebração do contrato prometido. II - Como o marido não carece da outorga da mulher para contrair obrigações, não é nulo nem anulável o contrato-promessa de compra e venda por ele concluído sem outorga da mulher. III - Apesar de ser válido o contrato promessa de venda de imóveis comuns efectuado por só um dos cônjuges, o promitente comprador não pode obter execução específica - artigo 830 do Código Civil - se o cônjuge do promitente-vendedor, que não subscreveu o contrato-promessa, se recusar a outorgar na escritura de compra e venda, não podendo o tribunal substituir-se a este, suprindo a declaração negocial não emitida. IV - Em caso de recusa na outorga da escritura por parte do outro cônjuge, o promitente-comprador apenas terá direito à indemnização devida pelo incumprimento, - artigo 442, ns. 2 e 4 do Código Civil. V - É ilegítimo o exercício de um direito quando o titular exceda manifestamente os limites impostos pela boa-fé, pelos bons costumes ou pelo fim...
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