Acórdão nº 0040796 de Supremo Tribunal Administrativo (Portugal), 11 de Fevereiro de 1993 (caso None)
Magistrado Responsável | TORRES VEIGA |
Data da Resolução | 11 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 260/77 DE 1977/06/21 ART9 ART11.
Sumário: I - Se no contrato de compra e venda de cortiça, abrangido pelo Decreto-Lei n. 260/77 de 21/06, não constar do documento escrito, que o formalizou, qualquer cláusula ou referência ao disposto no artigo 9 do citado Decreto-Lei e tendo o promitente comprador cumprido integralmente o que desse contrato - escrito constava como obrigação, nessa qualidade, não se lhe pode imputar incumprimento contratual por não ter depositado o preço da cortiça comprada, na Caixa Geral de Depósitos; antes tendo pago directamente à entidade alienante desse produto, sob pena de não lhe ser permitida a tiragem e levantamento da cortiça se o não fizesse; sem qualquer oposição da entidade representante do Estado - Instituto dos Produtos Florestais - onde o contrato fora registado, quer relativamente ao conteúdo do contrato quer ao pagamento ao alienante, directamente, quer à tiragem, levantamento e transporte da cortiça; operações sob controlo legal e real desse Instituto. II - A regra ínsita nesse art. 9 do Decreto-Lei 260/77 vertida em cláusula contratual sê-lo-ia no...
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