Acórdão nº 0038686 de Court of Appeal of Lisbon (Portugal), 05 de Março de 1992
| Magistrado Responsável | SILVA PAIXÃO |
| Data da Resolução | 05 de Março de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART436 N1 ART808 ART830 Sumário: I - No caso de incumprimento do contrato-promessa a nossa lei abre dois caminhos ao contraente não faltoso: a execução específica regulada no artigo 830 do Código Civil, havendo simples mora; a resolução do contrato, havendo incumprimento definitivo. II - A mora do devedor não permite a imediata resolução do contrato. É necessário que se transforme em não cumprimento definitivo, nos termos do artigo 808 do Código Civil, ou mediante a perda do interesse do credor. III - Tratando-se de contrato-promessa com sinal passado, concede-se à parte inocente o direito potestativo de optar, desde logo, pela...
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