Acórdão nº 9050233 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1993
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 30 de Setembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: PROVIDO PARCIALMENTE. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART153 ART146 N2 ART467 N2. CCIV66 ART432 N1 ART799 N1 ART804 N1 N2 ART808 N1 ART406 N1 ART763 N1 ART428. CPC67 ART710 N1.
Sumário: I - Quem alega justo impedimento para a prática de um certo acto processual, no caso a interposição de recurso, no prazo legal, pode praticar esse acto antes da decisão judicial desse invocado justo impedimento, de harmonia com o princípio que emerge do disposto no artigo 467, nº 2 do Código de Processo Civil. II - O atraso na entrega pelo vendedor de bens móveis não importa só por si o incumprimento do contrato mas constitui-o em mora, a não ser que esta elimine todo o interesse que o comprador tinha na prestação em causa, o que seria então causal do incumprimento. III - Neste caso, o credor poderia resolver o contrato, mas caber-lhe-ia o ónus de provar a perda do seu interesse ou de que, tendo concedido ao devedor o prazo admonitório a que se reporta o artigo 808, nº 1 do Código Civil, este se escoara e que se perdera o seu interesse. IV - Tendo sido acordado entre o vendedor...
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