Acórdão nº 080013 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1991
Magistrado Responsável | OLIVEIRA MATOS |
Data da Resolução | 31 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART487 N2 ART503 N1 ART505 N1 N2. CCIV66 ART441 ART830. DL 236/80 DE 1980/07/18.
Sumário : I - Tendo o reu, na reconvenção, pedido que se decretasse sentença que, nos termos do artigo 830 do Codigo Civil, produza efeitos da declaração negocial do autor e invocando este, na replica, a existencia de sinal como convenção em contrario ao cumprimento especifico, esta alegação cabe nos moldes fixados no artigo 487 n. 2 do Codigo de Processo Civil, por se tratar de facto que, servindo de causa impeditiva do direito invocado pelo autor, determina a improcedencia total ou parcial da reconvenção. II - Deve, portanto, o reconvinte poder tomar posição, em articulado proprio, perante a...
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