Acórdão nº 065110 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1974
| Magistrado Responsável | ACACIO CARVALHO |
| Data da Resolução | 26 de Abril de 1974 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT PIRES DE LIMA ANTUNES VARELA IN COD CIV ANOT VI PAG284.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV867 ART1568 N2 ART1709. DL 47952 DE 1967/09/22 ART13 ART14.
Sumário : I - Nos contratos sinalagmaticos ou bilaterais, se algum dos contraentes deixar de cumprir pela sua parte, podera o outro ter-se por desobrigado, nos termos do artigo 709 do Codigo Civil de Seabra. Porem, a resolução não opera automaticamente, traduzindo-se em simples faculdade concedida ao contraente pontual, faculdade que nasce tanto do incumprimento definitivo como da simples mora. II - Diferente se afigura a exceptio non...
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