Acórdão nº 070351 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1982
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 09 de Dezembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART712 N2. CCIV867 ART676 ART709 ART1574. CCIV66 ART762 N2.
Jurisprudência Nacional: AC STJ DE 1973/02/27 IN BMJ N224 PAG132. AC STJ DE 1973/04/13 IN BMJ N226 PAG197. AC STJ DE 1974/12/20 IN BMJ N242 PAG286.
Sumário : I - A faculdade anulatoria do n. 2 do artigo 712 do Codigo de Processo Civil e para ser exclusivamente usada pela Relação, não competeindo ao Supremo exerce-la. II - Esta circunstancia não impede que o Supremo exerça censura sobre o modo como a Relação usar dessa faculdade, pois pode faze-lo com violação de lei, o que ja constitui objecto do recurso de revista. III - O Codigo Civil de Seabra não contemplou, com caracter geral, a exceptio non adimpleti contractus; apesar do silencio da lei, o principio da excepção do contrato não cumprido era unanimemente admitido entre nos. IV - Face ao artigo 709 do Codigo Civil de Seabra, entendia-se geralmente que se podia simultaneamente rescindir o contrato e pedir a indemnização pelos danos sofridos com o incumprimento. V - A doutrina, tanto a contemporanea do Codigo de Seabra...
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