Acórdão nº 086071 de Supremo Tribunal de Justiça (Portugal), 16 de Fevereiro de 1995
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 16 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART442 ART808. DL 379/86 DE 1986/11/11. CPC67 ART684 N3 ART712.
Sumário : I - Se numa acção anterior proposta pelos Autores contra os Réus, aqueles pediram o reconhecimento do incumprimento por parte destes de um contrato-promessa em causa em ambas as acções e a condenação dos mesmos a reconhecerem o incumprimento por sua parte do mesmo contrato-promessa e o pagamento solidário de determinada quantia, sendo tal acção julgada improcedente por, além do mais, se ter entendido que estava apenas provada a mora, e que só ocorrendo incumprimento definitivo ou equiparado, é que funcionaria o artigo 442 do Código Civil, e se, relativamente à mora, os factos alegados, numa e noutra acção, são fundamentalmente os mesmos, forçoso é concluir ter já transitado em julgado entre as partes a decisão da anterior acção no sentido a simples mora ser insuficiente para fundamentar o...
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