Acórdão nº 080075 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1992
Data | 03 Novembro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: DL 729-A/75 DE 1975/12/22. DL 124/77 DE 1977/04/01. DL 112/83 DE 1983/02/22. CCIV66 ART227 ART342 ART406 ART428 ART432 ART798 ART799.
Sumário : I - Tendo a empresa autora celebrado com os bancos réus um contrato de arrendamento financeiro e tendo os bancos cumprido as suas obrigações de financiamento, não se pode imputar responsabilidade a esses bancos na inviabilização da autora, quando se provou, pelo contrário, que foi a autora quem não cumpriu o contrato. II - O ónus da prova do cumprimento do contrato pelos réus incumbe a estes. III - Tendo os réus provado esse cumprimento, a presunção de culpas desligada do não cumprimento (que não houve), não pode gerar responsabilidade contratual em relação aos réus (artigo 798 do Código Civil). IV - A responsabilidade pré-contratual existe tanto no caso de se interromperem as negociações, como no caso do contrato se realizar. V - Não pode...
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