Acórdão nº 9320367 de Court of Appeal of Porto (Portugal), 23 de Novembro de 1993
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 23 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM.
Legislação Nacional: CCIV66 ART801 N2 ART432 N1 ART811 N3. DL 171/79 DE 1979/06/06 ART1. DL 446/85 DE 1985/10/25 ART19 C.
Jurisprudência Nacional: AC RL DE 1990/03/13 IN CJ ANOXV T2 PAG129. AC RL DE 1992/05/19 IN CJ ANOXVI T3 PAG178. AC STJ DE 1993/03/19 IN CJSTJ ANOI T2 PAG8.
Sumário: I - Em contrato bilateral, o credor que opte pela resolução do contrato vê a indemnização circunscrita ao dano de confiança, ou seja, ao interesse contratual negativo, assistindo-lhe o direito de se ver colocado na situação em que se encontraria se o contrato não houvesse sido celebrado. II - A resolução do contrato não obsta à sobrevivência de cláusula penal convencionada para essa eventualidade. III - Não é oficioso o uso da faculdade de redução equitativa de cláusula...
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