Acórdão nº 1117/13.7TVLSB.L1.S1 de Supremo Tribunal de Justiça, 17 de Maio de 2017
Magistrado Responsável | ANTÓNIO PIÇARRA |
Data da Resolução | 17 de Maio de 2017 |
Emissor | Supremo Tribunal de Justiça |
Acordam no Supremo Tribunal de Justiça: Relatório I – AA instaurou, em 12 de Junho de 2013, acção declarativa, sob a forma de processo ordinário, contra BB - Sociedade de Comércio Imobiliário, Lda.
e CC, Sociedade Aberta, alegando, em síntese, que: Habita desde 1984 o imóvel sito na Rua …, nº …, em L…, que constitui a casa de morada de família.
Em 05.03.1999, deu o consentimento para que fosse celebrada uma escritura de compra e venda do referido imóvel entre a empresa «BB, Lda.» e o seu marido, DD.
O consentimento foi prestado sob condição de poder continuar a residir no imóvel juntamente com o agregado familiar, vitaliciamente e a título gratuito.
O referido imóvel foi transaccionado através de uma dação de pagamento pela BB, Lda. ao banco réu, que é o seu atual proprietário.
O réu tomou conhecimento do conteúdo do consentimento prestado pela autora, pelo que não tem direito à proteção conferida a terceiros de boa fé.
O consentimento prestado teve por base a vontade viciada da autora, sobre o objeto do negócio e os motivos que o determinaram, tendo agido com erro, o que lhe dá o direito à anulação do negócio nos termos dos artigos 251º e 252º do Código Civil.
Com tais fundamentos, concluiu por pedir que: a) Se declare a anulabilidade do negócio jurídico celebrado pela autora, especificamente, do consentimento para a venda e respetiva venda do imóvel para a BB, bem como do contrato de comodato, retroagindo os seus efeitos à data do consentimento para a venda, 5.3.1999, devendo ser restituído tudo o que houver sido prestado entretanto; b) Se determine a entrega do imóvel ao proprietário anterior ao consentimento da autora, DD; c) Se proceda ao cancelamento do registo a favor do Banco réu, Ap. 2… de 13.01.2004, convertida em definitiva pela Ap. … de 05.07.2004.
O Banco réu não contestou, tendo-o feito apenas a ré BB - Sociedade de Comércio Imobiliário, Lda, representada pelo Ministério Público, arguindo a excepção da caducidade do invocado direito de anulação.
A autora respondeu a pugnar pela improcedência da excepção.
Foi proferido saneador/sentença (em 08 de Junho de 2015) que, na procedência da invocada excepção de caducidade, absolveu os Réus do pedido.
Discordando dessa decisão, apelou a Autora, sem êxito, tendo a Relação de Lisboa, confirmado, por unanimidade e com idêntica fundamentação, o decidido pela 1ª instância.
Persistindo inconformada, interpôs a Autora recurso de revista excepcional, finalizando a sua alegação, com as seguintes conclusões[1]: 1. No caso sub judice coloca-se a questão de saber se um contrato de comodato celebrado com termo incerto, se encontra imediatamente concluído com a entrega do imóvel, ou se, antes pelo contrário, o mesmo tem uma execução continuada, por todo o tempo que durar até à data da ocorrência do termo.
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E a análise da questão, em termos abstractos, concorre naturalmente para uma melhor aplicação do direito, já que, a posição que defende o terminus do contrato com a entrega do imóvel ao comodatário, olvida as múltiplas obrigações que sobre este impendem até...
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