Acórdão nº 087944 de Supremo Tribunal de Justiça (Portugal), 06 de Fevereiro de 1996
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 06 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART410 ART432 N1 ART562 ART762 N2 ART799 N2 ART801 N2 ART804 N1 ART808 N2.
Sumário : I - Tendo a Ré - uma empresa construtora - declarado ser dona dum terreno, onde estava a edificar um prédio com cave, quatro andares e rés-do-chão, e prometido vender ao Autor e este prometido comprar àquela, os ditos cave e rés-do-chão, ficando logo convencionado entre eles que a escritura de compra e venda dos imóveis, seguir-se-ia à entrega das chaves, até determinada data, mas após a emissão da competente licença de habitação; esquecendo-se os contratantes da constituição da propriedade horizontal e ultrapassado o prazo para a celebração da escritura de compra; depara-se um caso de mora por parte da Ré construtora, por o atraso na celebração da escritura lhe ser imputável - artigo 804, n. 1, do Código Civil - , provindo de culpa sua - que se presume (artigo 799 do Código Civil) e de que não se tenha feito prova em contrário -, atraso...
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