Acórdão nº 1535/09.5YRLSB-7 de Court of Appeal of Lisbon (Portugal), 15 de Dezembro de 2009
Magistrado Responsável | ROSA RIBEIRO COELHO |
Data da Resolução | 15 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERAR A DECISÃO Sumário: I – As cláusulas contratuais gerais inseridas em formulários depois da assinatura de algum dos contratantes devem ser consideradas excluídas, ainda que antes das assinaturas seja feita alusão àquelas, porque o local onde estão inseridas não garante que sobre elas tenha incidido a atenção do contraente a quem são dirigidas.
II – Não há incompatibilidade substancial de pedidos cumulados, geradora de ineptidão da petição, quando o autor pede que se reconheça a resolução de um contrato de mútuo e que se condene o mutuário a pagar juros nele convencionados.
III – Embora se trate de pretensões inconciliáveis, esta impossibilidade de conciliação verifica-se apenas no plano da lei, e não no plano da vontade do autor, nada impedindo que se apreenda aquilo que este pretende obter.
IV – Não vale como interpelação admonitória aquela em que o credor diz que, não havendo cumprimento no prazo concedido, poderá vir a optar pela resolução do contrato, pois não anuncia, contrariamente ao que deveria suceder, que o não cumprimento no prazo fixado dará lugar a uma situação de não cumprimento definitivo.
V – O art. 781º do C. Civil, ao determinar o vencimento imediato das restantes prestações, deve ser interpretado no...
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