Acórdão nº 079600 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1991 (caso None)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 24 de Janeiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT / DIR RESP CIV.
LegislaÁ„o Nacional: CCIV66 ART805 N1 ART808 N2 ART908 ART1682-A.
JurisprudÍncia Nacional: AC STJ DE 1971/12/10 IN BMJ N217 PAG233.
Sum·rio : I - N„o estando fixado prazo para a efectivaÁ„o do contrato prometido, os reus so se constituem em mora depois da interpelaÁ„o para cumprir (artigo 805 n. 1 do Codigo Civil). II - Para que a mora se converta em n„o cumprimento definitivo e indispensavel a chamada notificaÁ„o admonitoria ou interpelaÁ„o cominatoria. Por isso, o artigo 808 n. 1 do Codigo Civil atribui ao credor o poder de fixar ao devedor, que haja incorrido em mora, um prazo para alem do qual declare ja n„o lhe interessar a prestaÁ„o. III - N„o ha acess„o imobiliaria no caso de o dono de um terreno encomendar a um empreiteiro a construÁ„o de uma obra nesse terreno com materiais fornecidos pelo construtor, pois que na acess„o n„o existe uma relaÁ„o juridica que vincule a pessoa a coisa beneficiada. IV - Embora ao autor (casado em comunh„o de bens com a interviente) fosse licito realizar o contrato-promessa de compra e venda do predio urbano, o certo e...
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