Acórdão nº 087951 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1996
| Magistrado Responsável | AMANCIO FERREIRA |
| Data da Resolução | 16 de Abril de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR SUC.
Legislação Nacional: CCIV66 ART811 N1 ART830 N1 N2 ART2028.
Sumário : I - A lei, no artigo 811 n. 1 do CCIV66, proíbe o cúmulo do cumprimento e da cláusula penal compensatória, mas admite o cúmulo do cumprimento e da cláusula penal moratória. II - A regra interpretativa da vontade das partes, recebida no artigo 830 n. 2 desse Código, consagra uma simples presunção juris tantum, logo ilidível nos termos do artigo 350 n. 2 do mesmo Código. III - Nada impede que os...
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