Acórdão nº 7457/08-7 de Court of Appeal of Lisbon (Portugal), 29 de Setembro de 2009
Data | 29 Setembro 2009 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: Incumprimento definitivo do contrato-promessa como fundamento da resolução do contrato Natureza do prazo estabelecido para a celebração do contrato prometido Diversidade de prazos de fixados pelas partes 1. Para que surja na esfera jurídica do credor o direito potestativo de resolução legal do contrato não basta, salvo nos casos especialmente previsto na lei, a ocorrência da simples mora do devedor, traduzida na falta de cum-primento da obrigação dentro do prazo que tiver sido inicialmente fixado.
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Em face do prescrito no indicado nº 1 do artigo 808º, importa que o credor, face à mora do devedor, interpele este para cumprir a obrigação, fixando-lhe um prazo suplementar razoável, com a advertência de que a inobservância deste prazo implicará para todos os efeitos o não cumprimento da obrigação, o mesmo é dizer, o incumprimento definitivo do contrato ou mais rigorosamente não cumprimento definitivo; essa interpelação é designada por interpelação admonitória.
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Todavia, a convenção de um prazo para o cumprimento do contrato pode revestir alcances diversos, nomeadamente: a) - a fixação de um mero prazo de cumprimento, cuja inobservância dará ao credor apenas a faculdade de converter a mora em não cumprimento definitivo, por via de interpelação admonitória e da fixação de um prazo suplementar, com o subsequente direito à resolução legal do contrato, nos termos do artigo 808º, nº 1, e 801º, nº 2, do CC; b) - a fixação de um prazo suplementar, no próprio contrato, ainda que...
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