Acórdão nº 96A027 de Supremo Tribunal de Justiça (Portugal), 14 de Maio de 1996
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 14 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: AS REFERÊNCIAS AOS ARTIGOS 410 442 830 DO CCIV66 CORRESPONDEM À REDACÇÃO DADA PELO DL 236/80 DE 1980/07/18.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART7 ART12 ART410 ART442 ART762 N2 ART830. DL 236/80 DE 1980/07/18 ART2. DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1983/11/10 IN BMJ N331 PAG532. AC STJ DE 1985/07/02 IN BMJ N349 PAG437. AC STJ DE 1985/10/31 IN BMJ N350 PAG336. AC STJ DE 1990/12/13 IN BMJ N402 PAG545.
Sumário : I - O Decreto-Lei 236/80, de 18 de Julho, não deixou em vigor, paralelamente, a normatividade do Código Civil de 1966 sobre que incidiu. O regime que subsistiu, neste instituto, foi um único, o que resultou das alterações introduzidas por aquele diploma no Código Civil de 1966 e dos segmentos não alterados. II - A causa-final do regime emergente do Decreto-Lei 236/80 é explícita: protecção da parte considerada, normalmente, mais fraca, designadamente facilitando o escopo final da promessa quando o promitente-alienante não é zeloso na observância dos deveres assumidos; como assim e especialmente, a existência de sinal perdeu significado contrário à execução específica. III - Normalmente, a lei do tempo do contrato rege a sua vida, inclusive as consequências de incumprimento e de mora. O Decreto-Lei 236/80 foi, porém, explícito, dada a sua...
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