Acórdão nº 070555 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1983 (caso None)
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 07 de Julho de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO115 PAG205.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART236 N1 ART238 N1 ART334 N1 ART341 ART342 N2 ART364 N1 ART410 N2 ART442 N2 ART830 N1 N2. DL 236/80 DE 1980/07/08.
Sumário : I - O artigo 830 do Codigo Civil na redacção anterior ao Decreto-Lei n. 236/80, de 8 de Julho, estabelecia o principio da possibilidade de realização coactiva da prestação, mas permitia o seu afastamento, mediante convenção das partes, entendendo-se que esta se verificava havendo sinal ou tendo sido fixada uma pena para o incumprimento. II - A existencia do sinal faz presumir que as partes quiseram reservar a possibilidade de não cumprirem a promessa, sujeitando-se, embora, a sanção prevista no n. 2 do artigo 442 do Codigo Civil (redacção primitiva). III - Entende-se uniformemente que aquela presunção e simples ou juris tantum: mas nos contratos formais, a vontade real das partes ha-de inferir-se do titulo em que se contiver a promessa, ou de...
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