Acórdão nº 9650335 de Supremo Tribunal Administrativo (Portugal), 22 de Setembro de 1997 (caso None)
Magistrado Responsável | BRAZÃO DE CARVALHO |
Data da Resolução | 22 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CCIV66 ART334 ART434 N2 ART762 N2 ART801 N1 N2 ART808.
Jurisprudência Nacional: AC STJ DE 1993/03/09 IN CJ. AC STJ DE 1995/05/18 IN CJ. AC RL DE 1993/06/24. AC RL DE 1995/04/27 IN CJ. AC RL DE 1995/05/04 IN CJ. AC RL DE 1995/10/10 IN CJ. AC RL DE 1994/02/03 IN CJ. AC RL DE 1990/03/13 IN CJ. AC RL DE 1992/02/28 IN CJ. AC RL DE 1992/05/19 IN CJ. AC RP DE 1997/07/10 IN CJ. AC RP DE 1993/09/28 IN CJ. AC RC DE 1993/11/23 IN CJ.
Sumário: I - No contrato de locação financeira tendo o locador pedido a resolução do contrato por falta de pagamento das prestações pelo locatário, pode aquele: a) Reter as rendas vencidas e já pagas ( artigo 434 n.2 do Código Civil ). b) Exigir o pagamento das já vencidas e não pagas com juros pela mora, por a resolução operar « ex nunc : ( artigo 434 n.1 do Código Civil ). c) Exigir o pagamento da indemnização convencionada para o incumprimento do locatário, visto que, apesar de a resolução operar retroactivamente ( ou « ex nunc :, se tal tiver sido a vontade das partes ), tal cláusula é válida por a disposição do...
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