Acórdão nº 0051612 de Supremo Tribunal Administrativo (Portugal), 27 de Fevereiro de 1992 (caso None)
| Magistrado Responsável | SARAIVA COELHO |
| Data da Resolução | 27 de Fevereiro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART286 ART294 ART432 ART433 ART434 N2 ART436 N1 ART801 ART808 N1 ART908. DL 171/79 DE 1979/06/06 ART26.
Sumário: I - A resolução tem sempre como efeito a destruição do negócio, pelo que o credor que tenha optado pela resolução, por incumprimento do devedor, não tem direito à indemnização do interesse contratual positivo (correspondente ao benefício que teria auferido com o cumprimento do contrato), mas, sim, e apenas, à indemnização do dano de confiança ou do interesse contratual negativo (correspondente aos danos que não teria sofrido se não houvesse contratado)...
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