Acórdão nº 9311421 de Court of Appeal of Porto (Portugal), 28 de Junho de 1994
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 28 de Junho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART405 N1 ART406 N1 ART410 N1 ART442 N2 ART790 N1 ART799 N2 ART487 N2. DL 379/86 DE 1986/11/11.
Sumário: I - A imputabilidade a que alude o artigo 790, n. 1 do Código Civil tem a ver com o nexo de culpa que liga o devedor a um certo facto ou omissão e o critério legal de apreciação da culpa é o da diligência de um bom pai de família em face das circunstâncias de cada caso. II - Assim, é imputável aos promitentes-vendedores o não cumprimento do contrato-promessa de compra e venda de um imóvel que fazia parte de uma herança indivisa aberta ( a quando da promessa ) há quatro anos e que foi arrematada em hasta pública por insolvência da...
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