Acórdão nº 9210030 de Court of Appeal of Porto (Portugal), 10 de Novembro de 1992
Data | 10 Novembro 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ARTT405 N1 ART406 N1 ART777 N1 N2. CPC67 ART247 N2 ART1456 ART1457.
Sumário: I - O processo de suprimento da falta de prazo só existe para o caso de este faltar. Se o contrato- -promessa tem prazo " ab initio " determinado e acordado pelas partes, com a liberdade e responsabilidade que lhes permitia o artigo 405 nº 1 do Código Civil, o uso daquele processo de suprimento está fora do esquema e previsão legais. II - A falta de prazo fixado ou estipulado não pode equiparar-se à falta de cumprimento da prestação dentro do prazo, não só porque a lei tal não prevê como também porque o efeito...
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