Acórdão nº 0033851 de Court of Appeal of Lisbon (Portugal), 04 de Dezembro de 1990
Magistrado Responsável | ZEFERINO FARIA |
Data da Resolução | 04 de Dezembro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL V2 2ED PAG112.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART411 ART437 N1 ART830.
Jurisprudência Nacional: AC STJ DE 1985/02/07 IN BMJ N344 PAG411.
Sumário: I - O contrato-promessa é bilateral ou unilateral consoante vincule ambos ou contraentes ou só um deles à celebração do contrato definitivo, sendo bilateral o contrato-promessa em que ambos os contraentes se tenham vinculado à celebração do contrato prometido, apesar de se encontrar assinado apenas pelo promitente vendedor. II - Tendo a obrigação prazo certo, não é necessária a interpelação para que haja mora desde que, atingido o prazo certo, nenhuma actividade mais do credor ou de terceiro se torna, em princípio, necessária, além da mera aceitação, para que o obrigado possa e deva efectuar a prestação. Mas já assim não sucede nas obrigações de tipo oposto em que a...
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