Acórdão nº 0062021 de Court of Appeal of Lisbon (Portugal), 19 de Janeiro de 1993
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 19 de Janeiro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART830 ART874 ART879 ART883. CPC67 ART272 ART273 N1.
Sumário: I - Numa acção em que se pede a execução específica de determinado contrato promessa bilateral de compra e venda de bem imóvel, que não foi contestada, não há decisão judicial implicita sobre a procedência do pedido no despacho que tão só manda notificar a autora para realizar o depósito do remanescente do preço, cfr. art. 830, n. 5, do Código Civil. II - Aí está-se apenas perante mero despacho de conformação do processo à lei. III - Versando o contrato de promessa a venda de dois bens da área imobiliária, que não formam uma unidade incindível, para cujos estipulado ficou um só preço, não pode o magistrado proferir sentença declaratória de compra e venda de qualquer desses bens por lhe não ser possível especificar o preço de cada bem: arts. 874, 879 e 883 do Código Civil. IV - Na sequência, ocupando-se o contrato de uma moradia e de 17/1000 avos indivisos de certo outro prédio, estes avos não são o bem que especialmente se quis acautelar no n. 4 do art. 830 do Código Civil, pelo que não são possíveis de injuncinado cumprimento através da execução específica. V - Na economia do art. 830 citado, edíficio só pode ser construção, casa, implatanda num terreno...
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