Acórdão nº 9820317 de Supremo Tribunal Administrativo (Portugal), 17 de Novembro de 1998 (caso None)
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 17 de Novembro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART829-A N1 N4. CPC67 ART660 N2 ART668 N1 D.
Jurisprudência Nacional: AC RL DE 1991/12/19 IN CJ T5 ANOXVI PAG145. AC RP DE 1991/05/09 IN CJ T3 ANOXVI PAG228. AC RE DE 1996/04/11 IN CJ T2 ANOXXI PAG278.
Sumário: I - A sanção pecuniária compulsória prevista no n.1 do artigo 829-A do Código Civil aplica-se às obrigações de prestação de facto infungível, negativo ou positivo, salvo nas que exigem especiais qualidades científicas ou artísticas do obrigado. II - Tal sanção pecuniária só pode ser aplicada a requerimento do credor e na acção declarativa. III - A sanção pecuniária compulsória prevista no n.4 do artigo 829-A do Código Civil é aplicável quando for estipulado ou judicialmente determinado qualquer pagamento em dinheiro corrente. IV - Neste caso são automaticamente devidos juros à taxa de 5% ao ano, desde a data em que a sentença de condenação transitar em julgado, os quais acrescerão aos juros de mora, se estes forem também devidos, ou à indemnização a que houver lugar. V - O credor...
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