Acórdão nº 077976 de Supremo Tribunal Administrativo (Portugal), 29 de Novembro de 1989
Magistrado Responsável | CABRAL DE ANDRADE |
Data da Resolução | 29 de Novembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: A REIS IN CPC ANOTADO VOLV PÁG363. R BASTOS IN NOTAS AO CPC VOLIII PÁG299. V SERRA IN RESOLUÇÃO DO CONTRATO IN BMJ N68 PÁG153.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 737-A/74 DE 1974/12/23 ART1 ART12. CCIV66 ART405 N1 ART406 N1 ART428 ART432 N1 ART483 N1. DL 48871 DE 1969/02/19 ART187. DL 235/86 DE 1986/08/18 ART190 N3.
Jurisprudência Nacional: AC STJ DE 1985/04/11 IN BMJ N346 PAG211. AC STJ DE 1986/10/02 IN BMJ N360 PAG514. AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC STJ DE 1973/01/12 IN BMJ N223 PAG240.
Sumário : I - O direito de resolução existe nos contratos bilaterais, como é o contrato de empreitada. Mas o poder de resolver um contrato não é um poder discricionário, que o contraente usa como quer e quando quer. Ele assenta num poder vinculado, que exige àquele que quer resolver um contrato a alegação e a prova do fundamento previsto na convenção das partes ou na lei. Por outras palavras, há que invocar uma justificação bastante para a destruição unilateral do contrato. II - Nos termos dos artigos 187 do Decreto-Lei 48871, de 19 de Fevereiro de 1969 e 190 do Decreto-Lei 235/86, de 18 de Agosto, o atraso no pagamento só dá lugar à resolução do contrato se for...
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