Acórdão nº 9850423 de Court of Appeal of Porto (Portugal), 29 de Junho de 1998
| Magistrado Responsável | GONÇALVES FERREIRA |
| Data da Resolução | 29 de Junho de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART442 ART830 ART808. CRP84 ART92 N3. CPC67 ART201 N1 ART205.
Jurisprudência Nacional: AC STJ DE 1996/06/18 IN CJSTJ T2 ANOIV PAG153. AC STJ DE 1994/06/28 IN CJSTJ T2 ANOII PAG159. AC STJ DE 1997/02/18 IN CJSTJ T1 ANOV PAG111. AC STJ DE 1992/12/02 IN BMJ N422 PAG335. AC RL DE 1991/11/07 IN CJ T5 ANOXVI PAG121.
Sumário: I - A execução específica de contrato-promessa de compra e venda apenas é possível em caso de mora e não em caso de incumprimento definitivo. II - Esse contrato-promessa, que tiver por objecto bens imóveis ou bens móveis sujeitos a registo, goza de eficácia real não só quando as partes a tenham atribuído, em contrato celebrado por escritura pública, mas ainda quando o promitente-comprador tenha procedido ao registo da acção...
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