Acórdão nº 9340934 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1994
Data | 10 Outubro 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART811 N1 ART812 N1.
Sumário: I - A cláusula penal pode revestir duas modalidades: cláusula compensatória ou cláusula moratória, conforme tenha sido estipulada, respectivamente, para o não cumprimento da obrigação ou para a simples mora do devedor. II - O credor não pode exigir cumulativamente, com base no contrato, o cumprimento coercivo da obrigação principal e o pagamento da cláusula penal, salvo se ela tiver sido...
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