Acórdão nº 9331130 de Court of Appeal of Porto (Portugal), 13 de Fevereiro de 1995
Magistrado Responsável | ALVES BARATA |
Data da Resolução | 13 de Fevereiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV ART1207 ART801 N2 ART802 ART808 N1.
Sumário: I - Segundo o artigo 808 n. 1 do Código Civil a obrigação deve considerar-se não cumprida: a) sempre que, em consequência da mora, o credor perder o interesse que tinha na prestação; b) se esta não for realizada dentro do prazo que razoavelmente for fixado ao credor. II - A lei alude à realização da prestação dentro do prazo que razoavelmente for fixado pelo credor. III - E tal desiderato alcança-se através da chamada interpelação admonitória, com fixação do prazo peremptório para o cumprimento a que se refere a segunda parte do n. 1 do artigo 808 do Código Civil. IV - A interpelação admonitória deve conter três elementos: a) a intimação para cumprimento; b) a fixação de um termo peremptório para...
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