Acórdão nº 9830852 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1999
| Data | 01 Fevereiro 1999 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART227 N1 ART559 ART570 N1 ART762 N1 ART806 N1 N2.
Sumário: I - A actuação de boa-fé é uma imposição ético-jurídica que começa nos preliminares da negociação dos contratos, continua na fase da respectiva formação e deve acompanhar o cumprimento das obrigações assumidas. II - O tribunal, ponderada a culpa dos contraentes, pode decretar a restituição do sinal em singelo. III - Se o tribunal entender que deve ser restituído o sinal em singelo, ele deve ter em conta o lucro obtido pelo promitente vendedor pelo facto de ter tido à sua disposição durante certo tempo o montante do sinal, lucro esse que se exprime na obrigação de pagar juros de...
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