Acórdão nº 9321239 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1994
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 14 de Fevereiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART804 N2 ART805 N2 ART830 N1 N4. CPC67 ART477 ART1456 ART1457.
Jurisprudência Nacional: AC RL DE 1984/03/29 IN CJ T2 ANOIX PAG119. AC RL DE 1993/06/17 IN CJ T3 ANOXVIII PAG132.
Sumário: I - O devedor considera-se constituído em mora quando, por causa que lhe seja imputável, a prestação ainda possível, não foi efectuada no tempo devido. II - Tratando-se de contrato-promessa de compra e venda, em que nada foi clausulado sobre o prazo em que a escritura devia ser outorgada importa ao promitente-comprador interpelar, judicial ou extrajudicialmente, o promitente-vendedor para a celebração da escritura, ou recorrer ao processo de fixação judicial de prazo. III - A fixação judicial de prazo está completamente desprovida de interesse e efeitos jurídicos quando, segundo o autor alega na petição, o réu se recusa a outorgar a escritura pública enquanto não lhe for pago o preço acordado. IV - É suficiente, na versão do autor ( promitente- -comprador ), para constituir o promitente-vendedor em mora, a...
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