Acórdão nº 9050239 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1990
Magistrado Responsável | DIONISIO DE PINHO |
Data da Resolução | 15 de Novembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART712. CCIV66 ART830 ART227 N1 ART237 ART424 N2 ART219.
Sumário: I - É matéria factual a apreensível por qualquer destinatário normal sem necessidade do recurso ao sentido técnico-jurídico dos termos da declaração. II - No contrato-promessa de troca dependente da obtenção de licença de habitabilidade de um prédio, sem prazo estipulado para tal, o incumprimento pelo obrigado a tal obtenção só pode ocorrer com base na violação desta obrigação ou depois de judicialmente fixado um prazo para tal ou por via da prova de que o obrigado age preordenadamente de modo a não obter tal licença e com disposição de não cumprir. III - Num contrato como o referido no número antecedente o vencimento de tal obrigação não depende da morte do obrigado, não se trata de obrigação " cum voluerit ", visto que tal interpretação contrariaria o natural equilíbrio das prestações a considerar nos termos do artigo...
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