Acórdão nº 9630390 de Court of Appeal of Porto (Portugal), 03 de Outubro de 1996
Magistrado Responsável | ALVES VELHO |
Data da Resolução | 03 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 ART808 N1.
Jurisprudência Nacional: AC STJ DE 1985/03/19 IN BMJ N345 PAG400. AC STJ DE 1993/01/07 IN CJSTJ T1 ANOI PAG15. AC STJ DE 1995/10/24 IN CJSTJ T3 ANOIII PAG79.
Sumário: I - A aplicação das sanções previstas no artigo 442 do Código Civil depende da verificação do incumprimento definitivo do contrato-promessa. II - A inequívoca e definitiva manifestação de vontade de não cumprir do devedor é equiparada à inexecução da prestação dentro de prazo razoavelmente fixado para esse efeito. III - A falta ao acto de celebração da...
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