Acórdão nº 0098632 de Court of Appeal of Lisbon (Portugal), 18 de Janeiro de 1996
Magistrado Responsável | FERREIRA GIRÃO |
Data da Resolução | 18 de Janeiro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: DL 54/75 DE 1975/02/12 ART15 ART17 N2 ART19 N1 A ART22 N2. CCIV66 ART812 ART935 N1 N2. DL 446/85 DE 1985/10/25 ART19 C. DL 220/95 DE 1995/08/31.
Jurisprudência Nacional: AC STJ DE 1994/03/02 IN CJ ANOII TI PAG133. AC RL DE 1985/12/12 IN CJ ANOX T5 PAG103. AC RL DE 1990/05/03 IN CJ ANOXV TIII PAG109. AC RL DE 1992/12/03 IN CJ ANOXVII TV PAG131.
Sumário: I - Em acção de resolução de contrato de compra e venda a prestações de veículo automóvel, decretada a resolução tem que ser deferido o pedido de restituição do veículo, como uma das consequências legais dessa resolução (artigos 289, n. 1 e 433 do CC); II - O facto de o veículo ter já sido entregue ao vendedor, na qualidade de depositário, não preclude o pedido de restituição, pois que o veículo apreendido, nessa hipótese, fica depositado à ordem do Tribunal (artigo 17, n. 2 do DL 54/75, de 12/02). III - Nos casos de incumprimento do comprador nas vendas a prestações, a cláusula penal não pode, imperativamente, ultrapassar metade do preço contratado (artigo 934, n. 2 do CC). IV - A cláusula inserta em...
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