Acórdão nº 0037642 de Court of Appeal of Lisbon (Portugal), 11 de Abril de 1991
| Magistrado Responsável | NORONHA NASCIMENTO |
| Data da Resolução | 11 de Abril de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART350 ART428 ART799 N1.
Jurisprudência Nacional: AC STJ DE 1980/01/31 IN BMJ N293 PAG365. AC STJ DE 1984/12/11 IN BMJ N342 PAG355. AC STJ DE 1986/03/04 IN BMJ N355 PAG316.
Sumário: I - Distrate é a extinção amigável de um contrato sem produção retroactiva de efeitos, a menos que os distratantes tenham atribuído amplitude diversa aos efeitos do negócio extintivo. II - A excepção de não cumprimento pressupõe a continuação do contrato, que se mantém, assim, plenamente válido. III - Se o distrate...
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