Acórdão nº 087048 de Supremo Tribunal de Justiça (Portugal), 03 de Outubro de 1995 (caso NULL)
Data | 03 Outubro 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART12 N1 N2 ART13 N1 ART410 N3 ART442 ART801 ART808 N1 ART830 N1 N2 N3 NA REDACÇÃO DO DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1971/12/10 IN BMJ N212 PAG233. AC STJ DE 1992/11/12 IN BMJ N421 PAG370. AC STJ DE 1987/01/22 IN BMJ N363 PAG470. AC STJ DE 1991/09/25 IN BMJ N409 PAG769. AC STJ DE 1991/12/03 IN BMJ N412 PAG432. AC STJ DE 1990/12/13 IN BMJ N402 PAG544. AC STJ DE 1981/11/03 IN BMJ N381 PAG674.
Sumário : I - Face aos comandos do artigo 12 do C.CIV. a lei em vigor ao tempo da celebração do contrato é a aplicável não só à validade da constituição deste como também aos seus efeitos, apesar de já decorridos no domínio da vigência da lei posterior, tais como os efeitos do inadimplemento ou do adimplemento retardado, as causas de resolução, etc, porque, em princípio, a lei só vale para o futuro e porque se trata de situações jurídicas que não abstraem dos factos que lhes deram origem e daí que seja a lei vigente na data da celebração do contrato-promessa a aplicável à questão de saber se é ou não possível a execução específica da prestação. II - No entanto, o Decreto-Lei 379/86, de 11 de Novembro, é lei interpretativa pelo que: - o artigo 410 n. 3, salvo o seu final, é interpretativo e aplica-se aos contratos celebrados após 16 de Novembro de 1986; - O artigo 442, nos seus vários números, recebem alteração interpretativa e aplica-se aos contratos violados após 18 Julho...
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