Acórdão nº 97B838 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1997 (caso NULL)
Magistrado Responsável | NASCIMENTO COSTA |
Data da Resolução | 04 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART289 ART433 ART801 N2 ART812 N1 ART934 ART935. DL 446/85 DE 1985/10/25 ART1 ART5 N1 N2 N3 ART12 ART19 C.
Jurisprudência Nacional: AC STJ DE 1994/03/02 IN CJSTJ ANOII TI PAG133. AC STJ DE 1994/07/05 IN CJSTJ ANOII TII PAG171. AC STJ PROC615/96 DE 1996/12/12.
Sumário : I - A disciplina do artigo 934 do CC (falta de pagamento de uma prestação) é imperativa e não supletiva. II - O DL 445/86, de 25 de Outubro, veio, seguindo basicamente a legislação alemã, dar um mínimo de protecção à parte que não tem o "lawmaking power", que pode ser uma empresa, mas será sobretudo o consumidor individual, em boa medida indefeso, perante o poder económico da outra parte, para não se falar da influência arrasadora da publicidade e do estado de necessidade do comprador da sua ferramenta de trabalho. III - O DL 445/86, que veio por em forma de lei o que resultava...
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