Acórdão nº 078917 de Supremo Tribunal de Justiça (Portugal), 10 de Julho de 1990
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 10 de Julho de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART668 N1 D ART729 N2. CCIV66 ART217 ART550 ART558 ART762 ART837 ART840 ART857 ART859.
Jurisprudência Nacional: AC STJ DE 1984/01/12 IN BMJ N333 PAG476.
Sumário : I - O nosso sistema juridico so preve que as obrigações se extingam pelo respectivo cumprimento, ou por outra causa de extinção prevista e autorizada legalmente (artigos 762 e 837 do Codigo Civil). II - O cumprimento de uma obrigação pecuniaria de quantidade, em moeda estrangeira, so se considera satisfeita com a realização da entrega de moeda na quantidade estipulada, ainda que cambiada para a moeda nacional. III - Na nossa lei so se preve o pagamento pontual ou com mora; em parte alguma se admite ou regula uma qualquer "especie de pagamento", sem moeda. Ou se presta a moeda devida, e ha pagamento, ou não se presta moeda nenhuma e não ha pagamento. O "tertio...
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