Acórdão nº 082238 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1992
| Magistrado Responsável | ROGER LOPES |
| Data da Resolução | 17 de Dezembro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: LOBO XAVIER IN RDES ANOXXVII PAG34. ALMEIDA COSTA IN DIREITO DAS OBRIGAÇÕES PAG341.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: DL 236/80 DE 1980/07/18. CCIV66 ART204 N1 ART442 N2 ART754 ART755 N5 ART830.
Jurisprudência Nacional: AC STJ PROC82142 DE 1992/11/12.
Sumário : I - No caso de o incumprimento ser devido ao promitente- -vendedor e de ter havido tradição da coisa para o promitente-comprador, tem este direito ou ao valor que ela tiver ao tempo do incumprimemto, ou o de requerer a execução específica, nos termos do artigo 830 do Código Civil. II - Direito de retenção consiste no direito conferido ao credor, que se encontra na posse de certa coisa pertencente ao devedor, de, não só recusar a entrega dela enquanto o devedor não...
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