Acórdão nº 0007324 de Supremo Tribunal Administrativo (Portugal), 03 de Março de 1978 (caso None)
Magistrado Responsável | PINTO FURTADO |
Data da Resolução | 03 de Março de 1978 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: PIRES LIMA ANTUNES VARELA IN CÓD CIVIL ANOTADO V2 PAG157.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART436 N1 ART795 N1 ART808 ART913 N1.
Sumário: I - Uma vez que a coisa só pode qualificar-se de defeituosa quando sofra de vícios que a desvalorizem, não é de considerar cumprimento defeituoso, a entrega do apartamento contrato, apenas benfeitorizado com algumas melhorias que não afectaram a sua identidade ou as suas qualidades. II - Um contrato-promessa de compra e venda não pode considerar-se automaticamente resolvido com o não cumprimento duma das partes, quando tal não tenha sido convencionado, pois a resolução terá de ser da iniciativa da parte inocente, através de declaração à outra parte (artigo 436, 1 do Código Civil). III - Esta declaração, na hipótese de incumprimento definitivo, pode fazer-se desde logo, com a falta de cumprimento que conduz à impossibilidade da prestação; na hipótese de simples mora, porque é caso de o cumprimento ainda poder fazer-se, apesar do atrazo, ou há-de primeiro objectivamente constatar-se a perda de...
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