Acórdão nº 0020601 de Court of Appeal of Lisbon (Portugal), 13 de Novembro de 1990
| Magistrado Responsável | CALIXTO PIRES |
| Data da Resolução | 13 de Novembro de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: A DOS REIS IN COMENTÁRIO V3 PAG88 - M DE ANDRADE IN TEORIA GERAL V2 PAG256 - A P MONTEIRO IN INFLAÇÃO E DIR CIV ESTUDOS DE HOMENAGEM F Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART253 N1 ART254 N1 ART289 N1 ART562. CPC67 ART273 N2 ART514 N1.
Sumário: I - Tendo o autor pedido na petição inicial a declaração de nulidade do contrato-promessa com fundamento no uso de dolo por parte do réu, não está impedido de, na réplica, alterar a causa de pedir, pedindo agora a anulação do contrato. II - Estando o artifício usado pelo réu largamente provado quanto à ilegalidade do prédio prometido vender não releva a circunstância de posteriormente tudo se ter legalizado...
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