Acórdão nº 083524 de Supremo Tribunal de Justiça (Portugal), 08 de Junho de 1993
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 08 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART410 ART442 ART790 ART799 N1 ART804 ART808 ART830. CPC67 ART721 N1 ART722 N2 ART729 N1. DL 289/73 DE 1973/06/06 ART27 N1 N2. DL 236/80 DE 1980/07/18 ART2 ART3.
Jurisprudência Nacional: ASS STJ DE 1987/11/19 IN BMJ N371 PAG105. ASS STJ DE 1989/12/19 IN BMJ N392 PAG139.
Sumário : I - É questão de direito, da competência do Supremo Tribunal de Justiça, decidir se certa alínea da especificação contém matéria de direito. II - Nos termos do artigo 2 do Decreto-Lei n. 236/80, a redacção dada por esse diploma legal aos artigos 442 e 830 do Código Civil aplica-se aos contratos-promessa cujo incumprimento se verificou após a sua entrada em vigor. III - Esse incumprimento ocorre, quando, depois da mora ou retardamento da prestação, o devedor se recusa a cumprir voluntariamente da sua parte, ou declara que não quer cumprir. IV - A execução específica do contrato-promessa pressupõe a mora no cumprimento...
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