Acórdão nº 074780 de Supremo Tribunal de Justiça (Portugal), 12 de Maio de 1987
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 12 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V XAVIER REDES ANOXXI P203 P255. P LIMA VARELA CCIV ANOTADO V2 2ED P208. B MACHADO ESTUDOS EM HOMENAGEM PROF TEIXEIRA RIBEIRO V2 P381.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: DL 54/75 DE 1975/02/12 ART15 N1 ART18 N1 N3. CCIV66 ART804 N1 ART808 N1 N2 ART934.
Jurisprudência Nacional: AC RP DE 1981/04/21 IN CJ ANOII T2 PAG119.
Sumário : I - Do artigo 934 do Codigo Civil não pode inferir-se, por argumento a contrario sensu, que, na venda a prestações com reserva de propriedade e entrega da coisa ao comprador, o direito de resolver o contrato surja automaticamente por virtude da falta de pagamento de uma prestação que exceda a oitava parte do preço, pois, neste caso, aplica-se a disciplina geral da resolução. II - A simples mora, se constitui o devedor na obrigação de reparar os danos causados ao credor, não faz nascer, desde logo, o direito de resolver o contrato. III - O credor so adquiriu esse direito se a mora se converter em não cumprimento definitivo, ou porque o credor, em consequencia da mora, perdeu o interesse que tinha na prestação ou porque esta não foi realizada dentro do prazo que razoavelmente o credor fixou. IV - A perda do interesse na prestação e apreciada objectivamente, devendo assentar em motivos serios, não sendo suficiente a alegação do credor de haver perdido o interesse que tinha na prestação. V - Constituido o direito potestativo de o vendedor resolver o contrato, a posterior aceitação de uma prestação significa a sua intenção de manter de pe o negocio, renunciando tacitamente ao...
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