Acórdão nº 082395 de Supremo Tribunal Administrativo (Portugal), 25 de Fevereiro de 1993 (caso None)
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 25 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART405 ART560 ART762 ART785 N2 ART801 N1 N2 ART808 ART859. CCOM888 ART102 PAR3. DL 124/77 DE 1977/02/26. DL 262/83 DE 1983/06/16 ART2. DL 338/87 DE 1987/10/21 ART1 ART3. DL 205/90 DE 1990/06/25. PORT 807-UI/83 DE 1983/07/30. TGIS32 ART120 A B.
Sumário : I - Para haver novação, é necessário que os interessados queiram realmente extinguir a obrigação primitiva por meio de contracção de uma obrigação nova. A manifestação de vontade tácita não é admissível para declarar o "animus novandi". II - A impossibilidade de cumprimento verifica-se quando não se executou a prestação em devido tempo e já não há possibilidade de se cumprir, quer porque se tornou objectivamente ou subjectivamente impossível, quer porque o credor deixou de ter interesse nela. Tal impossibilidade não se verifica nas obrigações pecuniárias. III - No caso de mora, o credor não pode, em princípio, renunciar ao cumprimento posterior da obrigação, dando por resolvido o negócio. O que pode é fixar ao devedor um prazo razoável para o cumprimento, considerando-se a obrigação, decorrido esse prazo, como não cumprida definitivamente. IV - O facto de uma das partes...
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