Acórdão nº 082132 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1992
| Magistrado Responsável | MARTINS DA FONSECA |
| Data da Resolução | 30 de Junho de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: B MACHADO PRESSUPOSTOS DA RESOLUÇÃO POR INCUMPRIMENTO IN ESTUDOS EM HOMENAGEM DO PROFESSOR TEIXEIRA RIBEIRO IN BFDC II PAG387.
Área Temática: DIR CIV - DIR OBG / DIR FAM / TEORIA GERAL. DIR COM.
Legislação Nacional: CCIV66 ART271 ART289 ART433 ART480 ART799 N1 ART801 N2 ART802 ART805 N1 ART1269 ART1691 N1 B C ART1692. CCOM888 ART15 ART231 ART232.
Sumário : I - O cumprimento defeituoso, nomeadamente o qualitativo, em certas circunstâncias, confere o direito à resolução do contrato. II - Os efeitos da resolução, não tem apenas os efeitos da anulação do contrato quando além do direito à restituição do que foi prestado, o lesado tem ainda direito à indemnização pelo interesse negativo. III - A inexactidão qualitativa do cumprimento dum contrato pode traduzir-se tanto numa diversidade da prestação, como numa deformidade, num vício ou falta de...
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