Acórdão nº 082229 de Supremo Tribunal Administrativo (Portugal), 17 de Setembro de 1992 (caso None)
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 17 de Setembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART664. CCIV66 ART236 ART238 ART428 ART429 ART762 N2 ART780 ART799 N1 ART811 N2.
Jurisprudência Nacional: AC STJ DE 1980/07/23 IN BMJ N299 PAG262. AC STJ DE 1985/12/10 IN BMJ N352 PAG317. AC STJ DE 1986/06/17 IN BMJ N358 PAG463. AC STJ DE 1987/05/02 IN TJ N28 PAG27. AC STJ DE 1990/03/22 IN AJ N6. AC STJ DE 1990/06/26 IN AJ N10-11. AC STJ DE 1991/02/05 IN AJ N15-16. AC STJ DE 1991/05/08 IN AJ N19.
Sumário : I - O tribunal não pode servir-se de factos não articulados pelas partes. II - É matéria de direito, compreendida na competência do Supremo Tribunal de Justiça, interpretar os contratos nos termos dos artigos 236 e 238 do Código Civil. III - O cumprimento do contrato deve ser encarado à luz da boa fé. IV - A cláusula penal não é para ser substituída pela indemnização. Serve um fim muito importante, que é obviar à demora e dificuldade de obter, pela via judicial, um ressarcimento adequado. E tem natureza essencialmente compulsória. V - O artigo 428 do Código Civil estabelece a chamada excepto non adimpleti contractus, aplicável aos contratos bilaterias. VI - A situação...
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