Acórdão nº 1719/07.0TVLSB.L1-1 de Court of Appeal of Lisbon (Portugal), 23 de Fevereiro de 2010
Magistrado Responsável | ANABELA CALAFATE |
Data da Resolução | 23 de Fevereiro de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: I - No regime geral das obrigações a mora do devedor poderá converter-se em incumprimento definitivo e só o incumprimento definitivo e culposo confere ao credor o direito de proceder à resolução do contrato, sendo certo que se presume a culpa do devedor nos termos do art. 799º do CC.
II - Este regime geral é inteiramente aplicável ao contrato-promessa, pelo que só o incumprimento definitivo e culposo dá lugar às cominações previstas no artigo 442º nº 2 do Código Civil, não bastando a simples mora.
III - Não pode o tribunal, substituindo-se aos demandados, proceder à declaração de transmissão das acções sem ter como certo que eles são os seus titulares, sujeitando-se a proferir uma declaração nula, tanto mais que a transmissão das acções faz-se nos termos dos art...
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