Acórdão nº 9250070 de Court of Appeal of Porto (Portugal), 06 de Julho de 1992
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 06 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 N2 N4.
Sumário: I - O sinal representa a prefixação convencional da indemnização a satisfazer no caso de rescisão do contrato-promessa. II - Havendo sinal, a indemnização pelos danos resultantes do incumprimento é imperativamente a do artigo 442 nº 2 do Código Civil ( cf. artigo 442 nº 4 ). III - Em consequência do incumprimento de um contrato- -promessa atribuído a culpa do promitente comprador, não se pode cumular o direito a fazer seu o montante recebido a título de sinal, com um pedido de indemnização pelos lucros cessantes resultantes...
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