Acórdão nº 067335 de Supremo Tribunal de Justiça (Portugal), 19 de Outubro de 1978
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 19 de Outubro de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV. DIR COM - SOC COMERCIAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART221 ART813 ART830. CPC67 ART456 N2 N3 ART516. CCOM888 ART25 ART114 N2 ART116. LSQ ART2 ART62. CNOT67 ART89 I. RRC59 ART3 A.
Jurisprudência Nacional: AC STJ DE 1961/03/07 IN BMJ N105 PAG639.
Sumário : I - O não cumprimento da obrigação não se verifica quando a prestação sendo ainda materialmente possível no contexto da obrigação, não perdeu o interesse para o credor que perante a atitude negativa da devedora, promoveu, ainda, a notificação judicial desta para a realizar. II - A qualificação do prazo para o cumprimento de um contrato quanto à intenção dos contraentes, constitui questão de facto da competência dos tribunais de instância e tem de assentar em factos articulados pelas partes. III - Não incorre em mora, nos termos da parte final do artigo 813 do Código Civil de 1966, o contraente que não removeu tempestivamente o obstáculo que impediria o outro de outorgar numa escritura de cessão de quota e...
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