Acórdão nº 9550523 de Court of Appeal of Porto (Portugal), 08 de Janeiro de 1996
| Magistrado Responsável | CASTRO FERREIRA |
| Data da Resolução | 08 de Janeiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART289 N1 ART410 N3 ART442 N2 ART804 N2 ART805 N2. L 46/85 DE 1985/09/20 ART44 NA REDACÇÃO DO DL 74/86 DE 1986/04/23.
Sumário: I - A falta de licença de utilização de uma fracção de um prédio objecto de um contrato-promessa de compra e venda, falta que motive a impossibilidade de realização do contrato prometido ou o respectivo incumprimento, origina não o incumprimento do contrato- -promessa com a consequente obrigação de restituição do sinal em dobro, mas antes a nulidade do contrato- -promessa por omissão da formalidade prevista no n.3 do artigo 410 do Código Civil, com as consequências previstas nos artigos 220 e 289 do Código Civil. II - A pessoa obrigada à restituição do sinal que recebeu em sede de...
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