Acórdão nº 084977 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1994 (caso NULL)
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 23 de Junho de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: GALVÃO TELES IN DIREITO DAS OBRIGAÇÕES PAG362 4ED.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CCIV66 ART342 N1 ART442 ART801 N1 ART808 N1 N2.
Sumário : I - Para que o credor possa resolver o contrato torna-se necessário em princípio, que a prestação da outra parte se tenha tornado impossível por causa imputável ao devedor - artigo 801, n. 1 do Código Civil. II - A simples mora do devedor não confere ao credor o direito de resolver o contrato. III - A falta de entrega de documentos e de comparência dos Réus no dia, hora e local designados para a outorga da escritura não impossibilita em definitivo o cumprimento da obrigação. Trata-se de uma obrigação que pode ser efectuada em qualquer altura. Daí que se esteja perante uma situação de mora. IV - Se a parte se constitui tão-somente em mora, porque a prestação continua possível e com interesse para o outro contraente, este não poderá rescindir desde logo o contrato...
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