Acórdão nº 9320328 de Court of Appeal of Porto (Portugal), 04 de Janeiro de 1994
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 04 de Janeiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFRIMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM. DIR PROC CIV.
Legislação Nacional: DL 446/85 DE 1985/10/25 ART5 N3 ART19 ART22 ART14. CPC67 ART664. CCIV66 ART342 N2 ART811 N3 ART812 N1 ART1696 N1. CCOM888 ART2 ART13 N2 ART481. DL 171/79 DE 1979/06/06 ART1 ART6. DL 103/86 DE 1986/05/19 ART1.
Sumário: I - Embora no contrato de adesão regulado pelo Decreto- -Lei n. 446/85, de 25 de Outubro, caiba ao contraente inicial o ónus da prova da comunicação adequada e efectiva ao aderente das cláusulas contratuais gerais insertas no contrato, cabe a este, na contestação da acção por aquele movida, alegar a sua omissão como meio de defesa sem o que o tribunal dela não poderá conhecer. II - Cabe também ao Réu accionado por violação do contrato de adesão articular na contestação os factos que integrem a natureza "desproporcionada" da cláusula penal cujo pagamento lhe é exigido na acção, para efeitos do disposto no artigo 19, alínea c) daquele Decreto-Lei n. 446/85. III - O preceituado no artigo 14 do mesmo Decreto-Lei e/ou no artigo 811, n. 3 do Código Civil é inaplicável à redução equitativa da cláusula penal e tal redução, sendo prevista no artigo 812, n. 1 do Código...
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