Acórdão nº 0014731 de Court of Appeal of Lisbon (Portugal), 04 de Março de 1997
Magistrado Responsável | QUINTA GOMES |
Data da Resolução | 04 de Março de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: CALVÃO DA SILVA IN "SINAL E CONTRATO PROMESSA" PAG. 120. ALMEIDA COSTA IN "DIREITO DAS OBRIGAÇÕES" PAG. 826.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CONTRAT - DIR REAIS.
Legislação Nacional: CCIV66 ART255 ART755 N1 F ART824 N2 ART1261 N2 ART1279. CPC67 ART393 ART753.
Jurisprudência Nacional: AC RC DE 1993/11/04 IN CJ ANO1993 TV PAG112. AC STJ DE 1993/01/12 IN CJ ANO1993 TI PAG31. AC RL DE 1993/10/21 TV PAG102. AC STJ DE 1994/05/26 IN CJ ANO1994 TII PAG118. AC STJ DE 1994/06/21 TII PAG156.
Sumário: I - O beneficiário de qualquer contrato-promessa, sinalizado, e com traditio rei, goza do direito de retenção sobre a coisa objecto do contrato prometido. II - Porém, no direito de retenção trata-se de um direito real de garantir o crédito do promitente comprador a uma indemnização pelo incumprimento do contrato e não para lhe...
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