Acórdão nº 065981 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1976
Magistrado Responsável | OLIVEIRA CARVALHO |
Data da Resolução | 06 de Janeiro de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART217 ART224 ART247 ART251 ART442 N2 ART798 ART805.
Sumário : I _ Nos termos do artigo 805 do Código Civil, se a obrigação não tiver prazo certo o devedor só fica constituido em mora depois de ter sido judicial ou extrajudicialmente interpelado para cumprir, pois sem esse acto pode ele não saber que está em atraso no cumprimento. II - A interpelação extrajudicial pode ser feita por qualquer dos meios admitidos para uma declaração negocial, a qual pode ser expressa ou tácita e feita por palavras, escrito ou qualquer outro meio de manifestação da vontade ou deduzida de factos que com toda a probabilidade, a revelam nos termos do artigo 217 do Código Civil e, como prescreve o artigo 224 do mesmo diploma, a declaração negocial que tem um destinatário torna-se eficaz logo que chega ao seu poder ou é dele conhecida. III - A interpelação tem de incluir o pedido ou exigência da prestação de facto devida, devendo o devedor ser notificado para cumprir esse facto, facto que, no contrato-promessa de compra e venda, é o da outorga da escritura de venda. IV - Tendo o Autor solicitado essa outorga por carta registada com aviso de recepção, manifestando-lhe claramente a sua vontade, e tendo feito várias diligências no sentido de persuadir o Réu a celebrar a escritura de compra e venda...
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