Acórdão nº 075549 de Supremo Tribunal de Justiça (Portugal), 21 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 21 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: DL 236/80 DE 1980/07/18 ART2. CCIV66 ART410 ART442 ART792 ART798 ART804 ART808 ART830.
Sumário : I - Nos termos do artigo 2 do Decreto-Lei n. 236/80, de 18 de Julho, o disposto nos artigos 442 e 830 do Código Civil aplica-se a todos os contratos-promessa cujo incumprimento se tenha verificado após a sua entrada em vigor. II - A simples mora pressupõe a possibilidade futura do cumprimento da obrigação; há um simples retardamento por causa imputável ao devedor. Este constitui-se na obrigação de reparar os danos causados ao credor - artigo 804 do Código Civil. III - A impossibilidade temporária não conduz, em princípio, nem à extinção da obrigação, nem à mora do devedor. IV - O devedor que falta culposamente ao cumprimento da obrigação torna-se responsável pelo prejuízo que cause ao credor - artigo 798 do Código Civil. V - No quadro de tais princípios a...
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