Acórdão nº 073601 de Supremo Tribunal Administrativo (Portugal), 19 de Abril de 1988 (caso None)
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 19 de Abril de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART934 ART801 ART804 ART808. DL 54/75 DE 1975/02/12 ART18 ART19 N1 C.
Sumário : I - O regime establecido no artigo 934 do Codigo Civil não derroga o principio de que so o incumprimento definitivo da ao credor o direito de resolver o contrato de venda a prestações. II - Em caso de mora do devedor, o incumprimento so se torna definitivo se o credor, em consequencia da mora, perder o interesse na prestação ou esta não for realizada dentro do prazo que razoavelmente for fixado pelo credor ( artigo 808, n. 1), sendo a perda do interesse apreciada objectivamente (n. 2 do artigo 808). III - O mero atraso de prestação pecuniaria não permite concluir objectivamente a perda de interesse do credor ja que, sendo a utilidade concreta proporcionada pela prestação satisfazer a relação de...
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