Acórdão nº 9330192 de Court of Appeal of Porto (Portugal), 04 de Novembro de 1993
Magistrado Responsável | NORBERTO BRANDÃO |
Data da Resolução | 04 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART410 N3. CPC67 ART706 N1 ART524 N1.
Sumário: I - Em contratos-promessa de compra e venda de prédio o reconhecimento presencial das assinaturas dos outorgantes e a certificação da existência de licença de construção pelo Notário são formalidades "ad substantiam" ( artigo 410, nº 3 do Código Civil ), cuja falta implica nulidade. II - A junção aos autos - ainda que tão só quando da apresentação de alegações de recurso nos termos dos artigos 706, nº 1 e 524, nº 1 ambos do Código de Processo Civil - de documento comprovativo da existência de licença camarária de construção implica a sanação do vício da falta de certificação, pelo...
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