Acórdão nº 083625 de Supremo Tribunal de Justiça (Portugal), 08 de Junho de 1993 (caso NULL)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 08 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: DL 379/86 DE 1986/11/11. CCIV66 ART334 ART342 ART433 ART799 N1 ART808 ART848. CPC67 ART712.
Sumário : I - Tendo-se clausulado em contrato-promessa de cessão das quotas que os promitentes vendedores podiam resolvê-lo desde que houvesse falta de pagamento subsequente de duas prestações do preço convencionado, era-lhes lícito resolver o contrato, se os promitentes compradores não pagaram as prestações referentes a dois meses seguidos. II - Provado que essas prestações não foram recebidas pelos promitentes vendedores, cumpria aos promitentes compradores provar a que título enviaram àqueles determinada quantia e que esta dizia respeito a uma das prestações. III - Sendo essa quantia inferior ao valor de cada uma das prestações, verificar-se-ia o incumprimento defeituoso, porque incompleto, o que conduziria ao incumprimento da obrigação. IV - Tratando-se de dois contratos distintos: um de cessão pelo Réu ao Autor e o outro pela Ré à Autora, é de concluir que eles não são autónomos, por existir entre ambos uma dependência bilateral. Resulta daí que se um dos contratos for resolvido, igualmente resolvido terá de considerar-se o outro. Assim, não se reveste de interesse significativo o facto de só o Autor marido ter sido judicialmente notificado da resolução do contrato, não o sendo a Autora por não ter sido encontrada. V - A compensação reveste...
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