Acórdão nº 080865 de Supremo Tribunal de Justiça (Portugal), 25 de Setembro de 1991 (caso NULL)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 25 de Setembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL 4ED V2 PAG87 PAG118 E SOBRE O CONTRATO-PROMESSA PAG162.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART410 N3 ART430 N3 ART437 ART442 N1 N2 N3 N4 N5 ART804 N2 ART808 N1 N2 ART830 N1 N2 N3. DL 236/80 DE 1980/07/18.
Sumário : I - A violação do dever de prestar, por causa imputavel ao devedor, pode revestir uma dupla forma: incumprimento definitivo e mora. II - Ha incumprimento definitivo nos seguintes casos: a) perda do interesse para o credor na prestação devida coincidente com a mora culposa do devedor: b) não realização pelo devedor, ocorrendo mora no cumprimento, da prestação dentro do prazo que razoavelmente tiver sido fixado pelo credor (artigo 808 n. 1 do codigo civil); c) declaração pelo devedor de não querer cumprir, havendo mora do devedor e sendo a prestação ainda possivel com interesse para o credor; d) não realização da prestação no tempo previsto, tendo a prestação um prazo certo (obrigação de data fixa ou de prazo essencial), pela perda do seu interesse para o credor (artigo 808 n. 1 do codigo civil), sendo esta perda de interesse apreciada objectivamente (artigo 808 n. 2 do mesmo codigo). III - A mora do devedor (artigo 804 n. 1 do codigo civil) e o atraso culposo no cumprimento da obrigação, continuando a prestação a ser ainda possivel. IV - Não havendo no contrato clausula a considerar o prazo fixado como essencial, ou resultando que o prazo foi fixado sem as caracteristicas da essencialidade, não pode qualquer dos promitentes resolver o contrato-promessa com fundamento em incumprimento definitivo. V - Ao contrato-promessa celebrado em 30 de Julho de 1976, cujo incumprimento se tenha verificado apos 18 de Julho de 1980, data da publicação do decreto-lei n. 236/80, e...
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