Acórdão nº 0048421 de Court of Appeal of Lisbon (Portugal), 17 de Março de 1992
Magistrado Responsável | DINIZ NUNES |
Data da Resolução | 17 de Março de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA IN CÓDIGO CIVIL ANOTADO 4ED V1 PAG423.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 N3 ART441 ART442 N2 N4 ART808 ART830 N1 N2 N3.
Jurisprudência Nacional: AC RL DE 1987/05/28 IN CJ ANOXII T3 PAG97. AC RL DE 1988/01/07 IN CJ ANOXIII T1 PAG105. AC RL DE 1987/11/03 IN CJ ANOXII T5 PAG87. AC RL DE 1982/01/29 IN CJ ANOVII T1 PAG164/165. AC RP DE 1985/03/19 IN CJ ANOX T2 PAG219.
Sumário: I - De harmonia com as disposições dos artigos 830 números 1 e 3 e 410 n. 3, do Código Civil, as partes não podem afastar a execução específica quando a promessa for relativa à celebração de contrato oneroso de transmissão ou constituição de direito real sobre edifício ou fracção autónoma dele, já construído, em construção ou a construir. II - Não é o caso da promessa de venda ter por objecto um lote de terreno, que não é nenhum edifício ou fracção...
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