Acórdão nº 066669 de Supremo Tribunal de Justiça (Portugal), 15 de Novembro de 1977 (caso NULL)
Magistrado Responsável | SANTOS VICTOR |
Data da Resolução | 15 de Novembro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATÉRIA DE FACTO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Indicações Eventuais: P LIMA A VARELA ANOT VOLI PAG290. R BASTOS OBG VOLI PAG129.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART289 ART406 ART433 ART434 N1 ART437 N1 ART438. L 2088 DE 1957/06/03. DL 445/74 DE 1974/09/12 ART2 N1 N2. CPC67 ART729 N3 ART730 N2.
Sumário : I - Para a resolução do contrato por alteração anormal das circunstâncias em que as partes tenham fundado a decisão de contratar, é necessário que essa alteração anormal, isto é, que se não configure com o previsível desenvolvimento de uma situação que se conheça à data da celebração do contrato; depois, é preciso que essa alteração torne o cumprimento da obrigação ofensivo dos princípios da boa-fé; faz-se mister, ainda, que a alteração não possa considerar-se risco próprio do contrato, ou seja, resultado de circunstâncias pelas quais o devedor tenha, anteriormente assumido o risco expressa ou tacitamente; finalmente, que a parte não esteja já em mora, aquando dessa alteração - artigo 438, do C.CIV. II - No contrato promessa em causa, permuta de prédios urbanos, o que a Autora recebia era para demolição e construção do prédio novo com mais fogos, a concretizar-se até 30 de Julho...
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