Acórdão nº 087416 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1995
| Magistrado Responsável | SAMPAIO DA NOVOA |
| Data da Resolução | 07 de Dezembro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 ART238 ART239 ART312 ART317 C ART406 N1 ART562 ART798 ART811 N2 ART1154 ART1156 ART1172 C.
Sumário : I - Os Réus rescindiram o contrato celebrado com o Autor para elaboração do estudo da urbanização da "Quinta do Infante" e o exclusivo de todos os projectos dos edifícios aí a construir, sem justa causa, pois não provaram as invocadas. II - Face a este incumprimento culposo do contrato rescindido unilateralmente pelos Réus, o Autor tem direito a ser indemnizado, não dos prejuízos que alega e provou, mas a da cláusula penal fixada para a rescisão do contrato, pois tal cláusula referia-se a todo o contrato e não apenas ao estudo da urbanização...
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