Acórdão nº 9330045 de Court of Appeal of Porto (Portugal), 08 de Março de 1993
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 08 de Março de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART805 N1 N2 N3 ART442 N2 N4 ART350 N2 ART217.
Sumário: I - Não se determinando no contrato-promessa o dia, a hora e o local certos para a realização da escritura, esta fica dependente da interpelação nesse sentido, sem o qual não há mora e consequentemente execução específica. II - Não há necessidade de interpelação quando a contraparte recusa o cumprimento, o que equivale a incumprimento definitivo. III - No conceito de recusa de cumprimento deve compreender-se não só a declaração de não querer cumprir como, em geral, todo o comportamento do devedor susceptível de indicar que não quer ( ou não pode ) cumprir. IV - A presunção estabelecida no nº 2 do artigo 830 do Código Civil admite prova do contrário, só cedendo perante a vontade real das partes em sentido oposto que tanto pode revelar-se por declaração expressa como através de uma declaração tácita. V - Celebrado um...
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