Acórdão nº 0017013 de Supremo Tribunal Administrativo (Portugal), 30 de Novembro de 1976 (caso None)
| Magistrado Responsável | CORREIA DE PAIVA |
| Data da Resolução | 30 de Novembro de 1976 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: VAZ SERRA IN BMJ N68 PAG293 IN RLJ ANO102 PAG104. DIAS MARQUES IN NOÇÕES ELEMENTARES DE DIREITO CIVIL PAG138.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART437 ART298.
Sumário: I - A resolução de contratos com base no disposto no artigo 437 do Código Civil depende dos seguintes requisitos: a) que haja alteração anormal das circunstâncias em que as partes tenham fundado a decisão de contratar: b) que a exigência da obrigação à parte lesada afecte gravemente os princípios da boa fé contratual e não esteja coberta pelos riscos do negócio. II - Perante o que foi disposto no Decreto-Lei n. 445/74 de 12/09, e a tremenda crise em que posteriormente, caiu a construção civil, é de conceder a resolução de um contrato promessa de permuta de dois imóveis, celebrado em 30 de Janeiro de 1974, entre uma sociedade comercial que se dedica a construção civil...
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