Acórdão nº 98B631 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1998
| Magistrado Responsável | ROGER LOPES |
| Data da Resolução | 15 de Outubro de 1998 |
| 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 ART887 ART888 ART890 N1.
Jurisprudência Nacional: AC STJ DE 1993/11/10 IN CJSTJ ANOI TIII PAG113. AC STJ DE 1994/05/31 IN CJSTJ ANOII TII PAG121. AC STJ DE 1997/01/30 IN CJSTJ ANOVI TI PAG685.
Sumário : I - O contrato de fornecimento de energia eléctrica é um contrato de compra e venda, unitário duradouro, de coisa determinada no género mas indeterminada quanto à sua medida ou quantidade. II - No contrato bilateral oneroso, o valor "Justiça" (o seu cumprimento válido) deve prevalecer sobre o valor "Segurança" (imposição de um prazo curto de caducidade). III - É inaplicável àquele contrato o disposto no artigo 887 e seguintes do C.Civil cuja previsão é a de venda tendo por objecto coisas determinadas, com preço fixado por unidade (venda por medida). IV - O crédito do fornecedor de energia eléctrica por erro de...
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