Acórdão nº 9350337 de Court of Appeal of Porto (Portugal), 20 de Dezembro de 1993
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 20 de Dezembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 N1 ART406 N1 ART434 N1 ART436 N1 ART671 ART673 ART755 N1 F ART759 N3.
Jurisprudência Nacional: AC RC DE 1982/02/02 IN CJ ANOVII T1 PAG98.
Sumário: I - O contrato deve ser pontualmente cumprido e só pode modificar-se por mútuo consentimento dos contraentes - artigo 406, nº 1 do Código Civil. II - A existência de contrato posterior, modificativo do contrato-promessa celebrado, consubstancia excepção peremptória cuja prova compete a quem a invoca. III - Havendo divergência entre o contrato-promessa e os termos da escritura definitiva, nada obriga o contraente que dela discorda a assiná-la. IV - Nos contratos bilaterais, o contraente que está em falta no cumprimento não pode resolver o contrato. V - A resolução do contrato tem eficácia retroactiva, salvo se a rectroactividade contrariar a vontade das partes ou a finalidade da resolução. VI - Se o promitente trespassário, que recebeu logo...
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