Acórdão nº 0038392 de Supremo Tribunal Administrativo (Portugal), 06 de Junho de 1991 (caso None)
Data | 06 Junho 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART432 ART799 - ART808.
Jurisprudência Nacional: AC STJ IN BMJ N285 PAG262. AC STJ IN BMJ N288 PAG369. AC STJ IN BMJ N360 PAG594.
Sumário: I - Estipulando-se no contrato-promessa de compra e venda prazos de cumprimento e que, no acto da escritura do contrato prometido será pago o restante preço nela se podendo celebrar também o mútuo com hipoteca - há dois contratos diferentes e autónomos. II - O incumprimento culposo permite a resolução do contrato se for definitivo e tornar impossível a prestação, ou só dá lugar à mora, se o cumprimento é ainda viável. III - A lei equipara os dois casos previstos no artigo 808 n. 1 CCIV a incumprimento definitivo. IV - A resolução do contrato com base no artigo...
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