Acórdão nº 001722 de Supremo Tribunal de Justiça (Portugal), 18 de Março de 1988
Data | 18 Março 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART8 N1. LCT69 ART73 N1. CCIV66 ART790.
Jurisprudência Nacional: AC STJ DE 1985/11/15 IN BMJ N351 PAG255.
Sumário : I - A caducidade do contrato de trabalho, referida no artigo 8 n. 1 do decreto-lei n. 372-A/75 de 16 de Julho com remissão para os termos gerais de direito, rege-se pelo artigo 790 do codigo civil, segundo o qual a obrigação se extingue quando a prestação se torna impossivel por causa não imputavel ao devedor, impossibilidade que deve ser superveniente, absoluta (e não apenas excessivamente onerosa), definitiva (e não apenas temporaria) e total (e não apenas parcial). II - A impossibilidade de prestar o trabalho ou de o receber não pode confinar-se a simples dificuldade, como seria a que resulta de situações especiais (por exemplo a que resulta da situação politico-militar que, em Angola, sucedeu ao movimento de 25 de Abril de 1974), e tambem...
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