Acórdão nº 98A557 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1998
| Magistrado Responsável | TOME DE CARVALHO |
| Data da Resolução | 30 de Junho de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 ART801 N2 ART804 N2 ART808.
Sumário : I - O regime do sinal, estabelecido no artigo 442 do CCIV, é inaplicável à simples mora. Ele pressupõe o incumprimento definitivo. II - Nos termos do artigo 808 do CCIV, a mora transforma-se em incumprimento definitivo se o credor, em consequência dela, perder o interesse que tinha na prestação do devedor, a apreciar objectivamente, ou esta não for realizada dentro do...
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