Acórdão nº 073748 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1986
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 26 de Novembro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: NÃO FOI ENCONTRADA JURISPRUDENCIA SOBRE O OBJECTO PRINCIPAL DO RECURSO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART218 ART224 ART227 N1 ART234 ART236 N2 ART237. CICAP62 ART21 PAR4.
Sumário : I - A clausula dum contrato-promessa de compra e venda, em que se estipula que, no caso de a escritura não ser celebrada no prazo indicado no contrato, o promitente - vendedor passara a pagar juros a taxa em vigor para as operações bancarias, assume a natureza de clausula penal. II - Não sendo possivel determinar o sentido que as partes atribuiram a tal clausula, por a expressão "operações bancarias" (de credito) se poder reportar a operações activas ou passivas, a duvida deve ser solucionada no sentido que conduzir ao maior equilibrio das prestações (artigo 237 do Codigo Civil). III - Porque naquela clausula não se configura um emprestimo, o equilibrio e maior...
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