Acórdão nº 98A1163 de Supremo Tribunal de Justiça (Portugal), 12 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | GARCIA MARQUES |
Data da Resolução | 12 de Janeiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART350 N2 ART441 ART442 N2 ART801 N1 ART804 N2 ART805 N2 ART808 ART830.
Jurisprudência Nacional: AC STJ PROC73270 DE 1986/06/11. AC STJ PROC72672 DE 1986/11/25. AC STJ DE 1989/11/02 IN BMJ N391 PAG538. AC STJ PROC429/96 DE 1996/10/29. AC STJ PROC87604 DE 1996/11/19. AC STJ PROC296/96 DE 1996/12/10. AC STJ PROC457/96 DE 1997/02/13. AC STJ PROC850/96 DE 1997/03/13.
Sumário : I - Presume-se o carácter de sinal se o réu não alega nos articulados qualquer facto susceptível de ilidir a presunção estabelecida no artigo 441 do CCIV. II - Um arrendamento que incida sobre o imóvel constitui um ónus ou encargo. III - O incumprimento do contrato promessa tem de ser aferido pelas regras gerais do não cumprimento das obrigações a que se refere o artigo 808 do CCIV. IV - A situação de mora ou atraso no cumprimento da prestação, prevista nos artigos 804, n. 2, e 805, n. 2, basta para que possa haver lugar a execução específica do contrato promessa (artigo 830, n. 1), mas é insuficiente para fundamentar a resolução contratual. V - Para constituir fundamento de resolução do contrato e poder servir de justificação à reposição do sinal em dobro, o incumprimento culposo, equiparável à impossibilidade da prestação imputável do devedor, tem de ser definitivo. VI - A...
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