Acórdão nº 9920724 de Court of Appeal of Porto (Portugal), 29 de Junho de 1999 (caso NULL)
| Magistrado Responsável | LEMOS JORGE |
| Data da Resolução | 29 de Junho de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART811 ART812 N1.
Sumário: I - No artigo 811 do Código Civil, proibe-se a cumulação do cumprimento coercivo com a cláusula penal indemnizatória, mas já não a cumulação daquele com a cláusula penal moratória. II - A cláusula penal dispensa ao credor a alegação e prova do dano concreto derivado do incumprimento. III - A cláusula penal pode ser reduzida pelo tribunal quando for...
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