Acórdão nº 98A1125 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1999
| Magistrado Responsável | ARMANDO LOURENÇO |
| Data da Resolução | 02 de Março de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: CARVALHO FERNANDES JOÃO LABAREDA CPEREF.
Área Temática: DIR PROC CIV. DIR COM.
Legislação Nacional: CPC95 ART668 N1 C. CPEREF98 ART30 ART151. DL 10/90 DE 1990/01/05 ART8. DL 446/85 DE 1985/10/25 ART12 ART19 C.
Sumário : I - Há nulidade por excesso de pronúncia se, partindo o autor da resolução do contrato para pedir a indemnização clausulada, a sentença condena também o r«u, sem tal ter sido pedido, a constituir o equipamento entregue à luz do mesmo contrato. II - A nulidade por haver cláusula geral desproporcionada aos danos a ressarcir só pode ser reconhecida se forem conhecidos os prejuízos concretos...
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