Acórdão nº 079021 de Supremo Tribunal de Justiça (Portugal), 25 de Outubro de 1990
| Magistrado Responsável | CASTRO MENDES |
| Data da Resolução | 25 de Outubro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART9 ART218 ART349 ART370 N2 ART428 N1 ART442 ART768 N1 NA REDACÇÃO DO DL 236/80 DE 1980/07/18 ART2. CRP84 ART8 ART89. CPC67 ART722 N2 ART830 N3.
Jurisprudência Nacional: ASS STJ DE 1985/03/13 IN BMJ N345 PAG149. ASS STJ DE 1989/12/19 IN DR IS 1990/02/23. AC STJ DE 1987/11/08 IN BMJ N371 PAG414.
Sumário : I - Salvo disposição contratual escrita em contrario, a fixação de dia, hora e local para cumprimento de prestação decorrente do contrato-promessa bilateral de contratar, assinado por ambos os promitentes, mas feita por um so deles, sem assentimento do outro, e nula. II - A recusa injustificada de cumprimento por terceiro, habilitado com poderes bastantes para cumprir o contrato bilateral prometido como representante de uma das partes contratantes, faz cair o recusante em mora e faz nascer na esfera juridica patrimonial do recusado o direito a não cumprir. III - A cominação de rescisão de contrato-promessa bilateral, exarada em escrito assinado por ambas as partes contraentes, para a hipotese de não comparencia da contra parte em dia, hora e local unilateralmente fixado para celebração da...
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