Acórdão nº 0002125 de Court of Appeal of Porto (Portugal), 07 de Fevereiro de 1984
| Magistrado Responsável | MACHADO COSTA |
| Data da Resolução | 07 de Fevereiro de 1984 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: A VARELA IN DAS OBG V2 PAG59 V01 PAG259. M CORDEIRO IN BMJ N306 PAG27. P LIMA-A VARELA IN CCANOT 2ED V2 PAG94. G TELES IN DIR OBG.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR OBG.
Legislação Nacional: DL 236/80 DE 1980/06/16 ART2. CCIV66 ART12 ART410 N3 ART442 N2 ART808 N1 ART830.
Jurisprudência Nacional: AC STJ DE 1980/04/29 IN BMJ N290 PAG285. AC STJ DE 1981/11/17 IN BMJ N311 PAG361.
Sumário: I - O novo texto do artigo 830 do Código Civil tem eficácia retroactiva e é aplicável aos contratos e obrigações assumidas antes da sua entrada em vigor, desde que o incumprimento se tenha verificado posteriormente. II - Tratando-se de contrato-promessa de compra e venda de prédio urbano, ou sua fracção autónoma, pode haver sempre lugar a execução específica, excepto se existir convenção expressa das partes que a afaste ou se a tal se opuser a própria natureza...
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