Acórdão nº 9221067 de Court of Appeal of Porto (Portugal), 09 de Abril de 1996
Magistrado Responsável | MARIO CRUZ |
Data da Resolução | 09 de Abril de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART410 N2 ART292 ART293 ART221. CPC67 ART280. CSISD58 ART11 N3 ART126.
Jurisprudência Nacional: ASS STJ DE 1989/11/29 IN DR IS-A 1990/02/23. AC RE DE 1984/11/22 IN BMJ N343 PAG392.
Sumário: I - No domínio do texto primitivo do n.2 do artigo 410 do Código Civil de 1966, o contrato-promessa bilateral de compra e venda de imóvel, exarado em documento assinado apenas por um dos contraentes é nulo, mas pode considerar-se válido como contrato promessa unilateral desde que essa tivesse sido a vontade das partes. II - É possível a execução específica de contrato-promessa unilateral a que foi reduzido o contrato-promessa bilateral de compra e venda, nulo por falta de assinatura do promitente comprador. III - A redução do negócio jurídico só é de afastar quando, no caso concreto, ocorram circunstâncias peculiares com capacidade para motivarem...
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