Acórdão nº 0011731 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1996 (caso None)
| Magistrado Responsável | ALMEIDA AMARAL |
| Data da Resolução | 23 de Abril de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART405 ART406 ART810. DL 446/85 DE 1985/10/25 ART12 ART19.
Jurisprudência Nacional: AC STJ DE 1994/07/05 IN CJ TIII PAG41. AC STJ DE 1994/03/02 IN CJ TI PAG133. AC RL DE 1994/07/07 IN CJ TIV PAG82.
Sumário: I - Se a cláusula penal for desproporcionada aos danos a ressarcir, por abusiva e revestir uma feição meramente coertiva, é nula; II - A cláusula inserida num contrato de compra e venda de um automóvel a prestações e com reserva de propriedade, na qual se consignou que "no caso de resolução do presente contrato a vendedora fica com o direito de negociar...
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