Acórdão nº 0408258 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1990
Magistrado Responsável | HERCULANO NAMORA |
Data da Resolução | 01 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 ART830 NA REDACÇÃO DO DL 236/80 DE 1980/07/18 ART550 ART437 ART412 N1. CPC67 ART662 N2 B. DL 236/80 DE 1980/07/18 ART2.
Sumário: I - Para que as obrigações resultantes de um contrato- promessa, nomeadamente a restituição do sinal em dobro, possa ser exigida dos herdeiros do promitente vendedor, é indispensável comprovar o incumprimento por banda destes. II - Para a citação para a acção valer como interpelação, nos termos da alínea b) do n.2 do artigo 662 do Código de Processo Cívil, é necessário que nesta se peça o cumprimento da obrigação assumida no contrato promessa. III - Com a redacção dada aos artigos 442 e 830 do Código Cívil pelo Decreto Lei n.236/80 de 18 de Julho, a execução específica do contrato promessa passou a ser sempre possível, quer haja ou não sinal passado e quer tenha ou não havido tradição da coisa. IV - Se um contrato promessa foi concluído sob uma lei que admitia a execução específica do mesmo, salvo convenção em contrário das partes e, se antes do respectivo cumprimento entra em vigor uma lei nova que apenas admite a execução específica na hipótese de as partes assim o estipularem, o credor insatisfeito continua a poder requerer ao tribunal a execução em forma específica. V - Não contendo o Decreto Lei n.379/86, de 11 de Novembro, que...
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