Acórdão nº 073683 de Supremo Tribunal de Justiça (Portugal), 20 de Maio de 1986
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 20 de Maio de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VII PAG52. VAZ SERRA IN RLJ ANO102 PAG88.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPC67 ART446 N1 N2 ART660 N2 ART661 N2 ART676 N1 ART684 N3 N4 ART713 N2 ART716 ART722 N2 ART726 ART729 N1. CCIV66 ART349 ART351 ART392 ART805 N1 N2 B N3. DL 262/83 DE 1983/06/16.
Jurisprudência Nacional: AC STJ DE 1969/03/11 IN BMJ N185 PAG259.
Sumário : I - O principio consignado na 1 parte do artigo 805, n. 3 do Codigo Civil - "in illiquidis non fit mora" - e justificado pelo facto de o devedor não poder cumprir enquanto não souber quanto deve. Este principio não deve, porem, servir para o devedor protelar injustificadamente a liquidação do credito; se o atraso lhe for imputavel, considerar-se-a em mora. II - Deve equiparar-se a falta de liquidez imputavel ao devedor, por maioria de razão, a iliquidez da divida apenas...
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