Acórdão nº 9520663 de Court of Appeal of Porto (Portugal), 21 de Dezembro de 1998 (caso NULL)
| Data | 21 Dezembro 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART432 ART436 ART437 ART790 ART792. DL 171/79 DE 1979/06/06 ART6 N8 ART12 N2 A ART22 N1 ART26. CPC67 ART706 N1 N2.
Jurisprudência Nacional: AC STJ DE 1979/06/19 IN BMJ N288 PAG373. AC STJ DE 1982/10/07 IN BMJ N320 PAG172. AC STJ DE 1995/05/09 IN CJSTJ T2 ANOIII PAG66. AC RP DE 1979/06/18 IN CJ T3 ANOIV PAG989.
Sumário: I - Só a impossibilidade absoluta e superveniente da prestação, por motivo não imputável ao devedor, é causa de extinção das obrigações, não sendo configurável essa impossibilidade nas obrigações pecuniárias. II - A mera impossibilidade relativa ou económica traduzida na simples dificuldade ou onerosidade de prestar, não extingue o contrato. III - A extrema onerosidade ou dificuldade no cumprimento de uma obrigação pecuniária não integra a " impossibilidade temporária " prevista no artigo 792 do Código Civil, não produzindo os seus efeitos. IV - As alterações dos...
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