Acórdão nº 0003796 de Supremo Tribunal Administrativo (Portugal), 02 de Novembro de 1995 (caso None)
Data | 02 Novembro 1995 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: DL 446/85 DE 1985/10/25 ART12 ART19. CCIV66 ART236 ART238 ART280 ART936 N2. DL 171/79 DE 1979/06/06 ART5 ART19 C ART22 E ART24 F ART26. DL 149/95 DE 1995/06/24 ART17.
Sumário: I - É nula uma cláusula de contrato de locação financeira que permita ao locador exigir de imediato o valor do total das rendas ainda não pagas, vencidas e vincendas, mais o valor residual e juros, quer por a contraprestação obtida pelo locador através dela exorbitar desmedidamente o preço dos equipamentos locados e quaisquer eventuais danos decorrentes do incumprimento, quer porque obriga o locatário a adquirir o equipamento locado, pagando o respectivo preço, quando, por lei, a aquisição do equipamento é meramente facultativa para o locatário. II - É válida, porém, a cláusula de tal contrato que estipule o pagamento ao locador, a título de perdas e danos por este sofridos, de uma importância igual a 20% da soma das rendas vincendas com o valor residual, por se tratar de cláusula...
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