Acórdão nº 083795 de Supremo Tribunal de Justiça (Portugal), 29 de Setembro de 1993 (caso NULL)
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 29 de Setembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART405 N1 ART406 N1 ART559 ART560 N1 N2 ART805 N2 A N3 ART806 N1 N2 ART810 N1 ART1229. CPC67 ART456 N2 ART497 ART498 ART671 N1 ART673. DL 262/83 DE 1983/06/16.
Jurisprudência Nacional: AC STJ DE 1981/01/21 IN BMJ N303 PAG203.
Sumário : I - O artigo 1229 do Código Civil não interdita que os estipulantes se socorram dos artigos 405 e 406 do Código Civil, de algo convencionarem sobre o incumprimento das obrigações assumidas no acordo da empreitada. II - O caso julgado material pode valer em processo posterior como autoridade de caso julgado, quando o objecto da acção subsequente é dependente do objecto da acção anterior. III - Não tendo sido pagas atempadamente, em execução de contrato de empreitada, prestações devidas, pode o credor accionar, nos termos do artigo 810, n. 1, do Código Civil, a cláusula penal compensatória contratualmente prevista. Após a desistência da empreitada o credor não pode, por aquela via continuar a ressarcir-se dos prejuízos derivados da mora no cumprimento daquelas obrigações, mas pode fazê-lo relativamente às obrigações pecuniárias nos termos dos artigos 806, ns. 1 e 2 e 559, n. 1 do Código Civil. IV - Se o crédito for ilíquido não há mora enquanto se não tornar líquido, salvo se a falta de liquidez for imputável ao devedor. V - Uma obrigação não é líquida quando a sua determinação não dependa de prévia e controvertida averiguação. A condenação no pagamento de uma soma de dinheiro determinada, embora inferior à do pedido inicialmente formulado em quantia certa correspondente á importância de...
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