Acórdão nº 087871 de Supremo Tribunal de Justiça (Portugal), 13 de Fevereiro de 1996
Magistrado Responsável | PEREIRA DA GRAÇA |
Data da Resolução | 13 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: ALMEIDA COSTA IN DIR DAS OBG PAG243. ORL DE CARVALHO IN CRIT E ESTAB COM PAG590. P LIMA E A VARELA IN CCIV ANOTADO NOTAS AO ART428.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART227 N1 ART236 N1 ART237 ART239 ART428 N1 ART762 N2 ART808 N1 N2. RAU90 ART115 N2.
Jurisprudência Nacional: AC RC IN BMJ N241 PAG340 IN CJ 1989 T4 PAG64 IN RLJ ANO102 PAG76.
Sumário : I - No artigo 428, n. 1 do Código Civil configura-se a "exceptio non adimpleti contratus". II - Num contrato-promessa de trespasse dum estabelecimento comercial em que se estipulou que, em determinada data, o promitente-comprador faria o reforço do sinal e o promitente-vendedor entregaria o estabelecimento vazio, livre de passivo e alodial, se, nessa data, o estabelecimento continuava ocupado e em funcionamento, não se mostrando que tenha sido oferecida a sua entrega...
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