Acórdão nº 074425 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1988
Magistrado Responsável | ABEL DELGADO |
Data da Resolução | 18 de Fevereiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: PEREIRA COELHO O PROBLEMA DA CAUSA VIRTUAL NA RESPONSABILIDADE CIVIL PAG250.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART798 ART799 N1 N2 ART913 ART921 N1. CPC67 ART668 N1 C.
Sumário : I - O devedor que falta culposamente ao cumprimento da obrigação torna-se responsável pelos prejuízos ocasionados ao credor (artigo 798 do Código de Processo Civil). II - O cumprimento defeituoso é uma forma de violação "sui generis" do dever de prestar. III - Incumbe ao devedor provar que a falta de cumprimento ou o cumprimento defeituoso da obrigação não procede de culpa sua, devendo a culpa ser apreciada "in abstracto". IV - O dano pode consistir no dispêndio de certa soma de dinheiro para fazer face a uma despesa tornada necessária. V - Estamos perante um cumprimento defeituoso se um navio vendido sofria de vício que impedia a realização do fim a que é destinado, não tendo, mesmo, as qualidades asseguradas pelos vendedores. VI - Não se verifica a nulidade a que se refere o...
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