Acórdão nº 0060102 de Court of Appeal of Lisbon (Portugal), 17 de Dezembro de 1992 (caso NULL)
| Magistrado Responsável | CAMPOS OLIVEIRA |
| Data da Resolução | 17 de Dezembro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART684 N3 ART690 N1 ART869 N1 N2. CCIV66 ART220 ART285 ART286 ART289 ART410 N3 ART1029 N3. DL 236/80 DE 1980/07/18. DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1986/07/25 IN BMJ N359 PAG522. AC STJ DE 1989/04/05 IN BMJ N386 PAG446. AC RL DE 1992/01/16 IN CJ ANOXVII T1 PAG139. AC STJ DE 1987/06/04 IN BMJ N368 PAG520.
Sumário: I - A falta dos requisitos exigidos pelo n. 3 do artigo 410 do Código Civil, na redacção do DL n. 326/80, de 18 de Julho, traduz a omissão de formalidades "ad subjentiam". II - A omissão destas formalidades implica a nulidade do contrato-promessa, nos termos do artigo 220 do Código Civil e com as consequências do artigo 286 e seguintes do mesmo diploma. III - A nulidade em causa pode ser invocada por qualquer terceiro interessado, nomeadamente por credor hipotecário...
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