Acórdão nº 0062081 de Court of Appeal of Lisbon (Portugal), 23 de Março de 1993
| Magistrado Responsável | DINIZ NUNES |
| Data da Resolução | 23 de Março de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: MANUEL DE ANDRADE IN TEORIA GERAL DAS OBRIGAÇÕES 2ED PAG219.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART804 ART805 N2 A ART806. CPC67 ART18 ART510 N1 C.
Sumário: I - Foi atingido o fim próprio da acção de divisão de coisa comum, se resulta de transacção nela lavrada que um dos interessados ficou com a faculdade de optar pela propriedade plena de uma "fracção" predial ou pelo recebimento do preço correspondente à sua quota-parte, até determinada data. II - Escolhendo os autores que a "fracção" fosse adjudicada à ré sendo eles inteirados a dinheiro, resultou para esta a obrigação de lhes pagar a quantia correspondente à quota-parte que a eles cabia e que a ré adquiriu, o que constitui nítida obrigação pecuniária de soma ou...
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