Acórdão nº 084097 de Supremo Tribunal de Justiça (Portugal), 29 de Setembro de 1993
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 29 de Setembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART280 ART292 ART294 ART398 ART405 ART406 N1 ART432 N1 ART434 N1 ART437 ART801 N1 N2 ART805 ART808 N1 N2 ART934 ART935 N2.
Jurisprudência Nacional: AC STJ DE 1986/10/02 IN BMJ N300 PAG566. AC STJ DE 1981/11/05 IN BMJ N311 PAG345.
Sumário : I - O princípio da liberdade contratual, expresso no artigo 405 do Código Civil, permite , às partes, dentro dos limites da lei, fixar livremente o conteúdo dos contratos, celebrar contratos diferentes dos previstos no Código Civil ou incluir nestes as cláusulas que lhes aprouver. II - Segundo o n. 1 do artigo 406 do apontado Código, os contratos devem ser pontualmente cumpridos, só podendo modificar-se ou extinguir-se por mútuo consentimento dos contraentes ou nos casos admitidos na lei. III - Preceitua o artigo 934 do mesmo Código que, vendida a coisa a prestações, com reserva de propriedade, e feita a sua entrega ao comprador, a falta de pagamento de uma só prestação que não exceda a oitava parte do preço não dá lugar à resolução do...
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