Acórdão nº 98A839 de Supremo Tribunal de Justiça (Portugal), 29 de Setembro de 1998
| Magistrado Responsável | RIBEIRO COELHO |
| Data da Resolução | 29 de Setembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART662 ART801 N1 ART804 N1 ART808 ART817 ART830 N1.
Jurisprudência Nacional: AC STJ PROC87604 DE 1996/11/19.
Sumário : I - Uma obrigação pode deixar de ser cumprida em graus de diferente intensidade, nuns casos o que haverá é um atraso no cumprimento; noutros haverá verdadeiro incumprimento definitivo, ou por existir impossibilidade de cumprimento, aqueles em que o devedor declarou não cumprir, aqueles em que o credor perdeu interesse devido à mora na prestação e, ainda aqueles em que o devedor não satisfez o prazo concedido em interpelação admonitória. II - A sentença que decrete a execução específica, não pode, tratando-se de contrato promessa de compra e venda, ser proferida se a coisa pertencer a terceiro, já que sendo missão do tribunal...
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