Acórdão nº 074878 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1987
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 28 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART774 ART804 ART806 ART813 ART841. CPC67 ART478 ART479 ART784 ART1024.
Sumário : I - Querendo o devedor libertar-se da divida, mediante o pagamento, quando encontre obstaculos para se exonerar extrajudicialmente, pode ele recorrer a consignação em deposito. II - A consignação em deposito, porem, tem caracter facultativo, não e obrigatoria, e por isso o devedor não incorre em qualquer responsabilidade se não efectuar o deposito. III - No entanto, o devedor so fica exonerado de sua obrigação se não estiver em mora decorrente de culpa sua ou se houver mora do credor (artigo 841 do Codigo Civil). IV - Estando o devedor em mora, por não ter efectuado o pagamento em casa do credor, ao que estava obrigado segundo o contrato-promessa de compra e venda entre eles celebrado, extingue-se esta mora se o credor renuncia aos seus efeitos com o recebimento tardio puro e simples da prestação. V - Ha mora do credor, nos termos do artigo 813 do Codigo Civil, quando seja ele a recusar a prestação oferecida, no tempo e lugar devidos, podendo o devedor exonerar-se mediante consignação em deposito. VI - Instaurado pelo devedor processo de consignação em deposito contra o credor, aquele tem de efectuar, nos termos dos artigos 1024 e 1025 do Codigo de Processo Civil, o deposito da prestação em divida, no prazo que for fixado pelo juiz, extinguindo-se o direito de praticar o acto se o não fizer nesse prazo ou se o fizer tardiamente...
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