Acórdão nº 9350041 de Court of Appeal of Porto (Portugal), 13 de Novembro de 1993
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 13 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART442 ART808.
Sumário: I - Nos termos do artigo 808 do Código Civil, há incumprimento definitivo de um contrato-promessa de compra e venda: a) - quando, em consequência de mora, se verifica a perda do interesse ( apreciada objectivamente ) que o credor tinha na prestação; b) - quando, mantendo-se o interesse do credor na prestação, esta não foi realizada dentro do prazo suplementar razoável que, através de interpelação admonitória, o credor cominatoriamente para o efeito fixar ao credor. II - A doutrina também aponta outro caso que, sem necessidade de interpelação admonitória, implica incumprimento definitivo: - quando facticiamente é fixado para o cumprimento um prazo essencial. III - A essencialidade do termo subjectivo, significando a...
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