Acórdão nº 0028276 de Court of Appeal of Lisbon (Portugal), 27 de Junho de 1991
Magistrado Responsável | BOAVIDA BARROS |
Data da Resolução | 27 de Junho de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A DOS REIS IN CÓDIGO DE PROCESSO CIVIL ANOTADO V1 PAG683. RODRIGUES BASTOS IN NOTAS AO CPC V3 PAG246 RLJ ANO111 PAG383 RLJ ANO118 PAG332.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART236 ART249 ART762 N2. CPC67 ART26 ART399 N1 ART400 ART401 N1 N2 ART405 ART406 N1 N2 ART668 N1 B C D.
Sumário: I - Na falta de justificação bastante, a falta de comparência dos promitentes compradores à celebração da escritura marcada para certo dia, hora e local, manifesta recusa de cumprimento, equivalente ao incumprimento definitivo do contrato-promessa. II - A providência cautelar não especificada supõe a verificação cumulativa dos seguintes requisitos: A) aparência do direito (probabilidade séria da sua existência); B) perigo iminente da sua lesão grave e de difícil reparação; C) inexistência de providência específica para acautelar esse perigo; D) que o prejuízo resultante da providência não exceda o dano que com ela se visa evitar. III - Só o titular do direito anunciado de lesão tem legitimidade para requerer a providência . IV - O princípio da boa fé obriga a que a gestão de um estabelecimento comercial...
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