Acórdão nº 9630593 de Court of Appeal of Porto (Portugal), 21 de Novembro de 1996
| Magistrado Responsável | SALEIRO DE ABREU |
| Data da Resolução | 21 de Novembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART432 N1 ART405 N1 ART236 N1 ART811 N2.
Jurisprudência Nacional: AC RL DE 1995/07/15 IN CJ T4 ANOXX PAG86. AC RP DE 1985/03/19 IN CJ T2 ANOX PAG219. AC RP DE 1989/10/31 IN BMJ N390 PAG460.
Sumário: I - A nossa lei admite a resolução do contrato-promessa por força de uma cláusula resolutiva expressa, convencionada pelos contraentes. II - Tendo-se conferido ao promitente comprador o poder de declarar sem efeito o contrato, significa isto que lhe foi atribuido o direito de o resolver. III - Convencionada, verificados os seus pressupostos e declarada a resolução do contrato-promessa, assiste ao Autor o direito de exigir a indemnização sancionatória que, a título de cláusula penal...
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