Acórdão nº 077727 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1989
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 07 de Dezembro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN BMJ N85 PÁG253.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART270 ART277 N1 ART334 ART790 N1 ART1156 ART1170 ART1171.
Sumário : I - Verifica-se a existência de condição resolutiva quando as partes subordinam a um acontecimento futuro e incerto a produção dos efeitos do negócio jurídico (artigo 270 do Código Civil). II - Ocorrendo a condição, dá-se a destruição automática e retroactiva dos efeitos do negócio, não sendo, contudo, afectadas as prestações já efectuadas nos contratos de execução continuada ou periódica (artigo 277, n. 1 do mesmo diploma). III - De acordo com o artigo 790, n. 1 do Código Civil, a obrigação extingue-se quando a prestação se torna impossível por causa não imputável ao devedor. IV - Sendo aplicáveis ao contrato de prestação de serviços as disposições sobre o mandato (artigo 1156 do C.C.), estabelece-se no artigo...
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