Acórdão nº 9630731 de Court of Appeal of Porto (Portugal), 17 de Outubro de 1996
| Magistrado Responsável | NORBERTO BRANDÃO |
| Data da Resolução | 17 de Outubro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART255 N1 F. CPC67 ART864 N2 ART869 ART1037 N1 ART1040.
Jurisprudência Nacional: AC STJ DE 1991/03/07 IN BMJ N405 PAG456. AC STJ DE 1989/06/02 IN BMJ N388 PAG437. AC RL DE 1994/06/09 IN CJ T3 ANOXIX PAG115. AC RP DE 1993/03/09 IN CJ T2 ANOXVIII PAG187. AC RP DE 1990/02/01 IN CJ T1 ANOXV PAG238. AC RL DE 1986/05/28 IN CJ T3 ANOXI PAG253.
Sumário: I - No contrato-promessa de trespasse, quando acompanhado de entrega da coisa ( estabelecimento comercial prometido trespassar ) - traditio - e pago pelo promitente trespassário o preço do respectivo trespasse, ou de parte substancial dele, entende-se que o promitente-trespassante se demitiu da sua posse em benefício do promitente-trespassário, passando a posse deste a...
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