Acórdão nº 0048831 de Court of Appeal of Lisbon (Portugal), 14 de Janeiro de 1992
| Magistrado Responsável | HUGO BARATA |
| Data da Resolução | 14 de Janeiro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART12 ART13 ART410 ART442 ART830. DL 236/80 DE 1980/07/18. DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1969/03/25 IN BMJ N185 PAG272. ASS STJ DE 1985/01/30 IN DR IS DE 1985/03/05.
Sumário: I - Segundo os ditames dos arts. 442, 810 e 830 do CC, a existência de cláusula penal preclude o direito à execução específica. II - A fixação do prazo de 90 dias, a contar da promessa, para a efectivação da escritura tem apenas o significado de tornar a obrigação pactuada inexigível até ao termo do mesmo prazo, e para se tornar efectiva a prestação de facto convencionada - a outorga da escritura - é necessária a interpelação da outra parte (ac STJ 25/03/69, BMJ, 185-272). III - Ocorrendo o incumprimento em 1988 e datando o contrato de 1974, sobre a vertida questão de qual a formulação de texto legal regidor - os colaccionáveis arts. 410, 442 e 830 do CC 1967 foram...
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