Acórdão nº 9530385 de Court of Appeal of Porto (Portugal), 08 de Fevereiro de 1996
| Magistrado Responsável | CUSTODIO MONTES |
| Data da Resolução | 08 de Fevereiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART810 N2 ART811 N1. CPC67 ART293 ART299 N1 ART300 N1 ART484 N1.
Jurisprudência Nacional: AC RP DE 1989/03/09 IN CJ T2 ANOXIV PAG195.
Sumário: I - A cláusula penal pode referir-se não só à inexecução completa da obrigação principal como à de qualquer cláusula especial. II - Para a cláusula penal poder ser exigida cumulativamente com a obrigação principal ou com qualquer cláusula especial tem de ser expressamente clausulada e com as formalidades exigidas para a obrigação principal. III - Estabelecida a cláusula penal, não pode o credor exigir outros...
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