Acórdão nº 9210372 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1993
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 05 de Janeiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART12 ART441 ART442 N2 ART830. DL 236/80 DE 1980/07/18 ART2. DL 379/86 DE 1986/11/11.
Sumário: I - Celebrado em 25 de Fevereiro de 1980 um contrato- -promessa de compra e venda do direito e acção à herança indivisa aberta por morte de uma pessoa e de uma quarta parte de cada um de quatro prédios rústicos e verificado o seu incumprimento em 27 de Dezembro de 1989, o regime legal aplicável ao caso é o dos artigos 442 e 830 do Código Civil, na sua versão original; II - Estava, então, já em vigor o Decreto-Lei nº 379/86 de 11 de Novembro que não estabeleceu a aplicação retroactiva dos novos textos dos artigos 442 e 830 como fizera o Decreto-Lei nº 236/80 de 18 de Julho, pelo que, porque o contrato-promessa foi celebrado muito antes do citado Decreto-Lei nº 379/86 e se tem por assente que nesta matéria o regime geral do artigo 12 do Código Civil aponta para a aplicação do novo regime apenas para os contratos- -promessa celebrados posteriormente a 16 de Novembro de 1986, não lhe é aplicável o regime estabelecido naqueles artigos 442 e 830 na redacção fixada no Decreto-Lei nº 379/86; III - Consequentemente, não pode a promitente-compradora exigir dos promitentes-vendedores, face ao incumprimento destes, a execução específica da promessa de venda do direito e acção à herança indivisa em referência, se no acto de celebração do contrato-promesssa a primeira fez entrega aos segundos da quantia de cinquenta mil escudos a...
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