Acórdão nº 98B191 de Supremo Tribunal de Justiça, 15 de Outubro de 1998
| Magistrado Responsável: | NORONHA DO NASCIMENTO |
| Data da Resolução: | 15 de Outubro de 1998 |
| Emissor: | Supremo Tribunal de Justiça |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART432 N1 ART540 ART808.
Jurisprudência Nacional: AC STJ DE 1984/12/04 IN BMJ N342 PAG341. AC STJ DE 1979/06/19 IN BMJ N288 PAG373.
Sumário : I - O atraso do devedor no cumprimento da sua prestação (v.g. num contrato-promessa cujo preço é desdobrado em prestações diferidas no tempo) faz incorrer o mesmo em mora. II - Para que o credor não fique indefinidamente à espera de um cumprimento prestacional do devedor - que pode falhar ou que pode degradar substancialmente o interesse do credor - a lei permite a este a fixação de um novo prazo, findo o qual a mora será equiparada ao incumprimento definitivo por perda objectiva do interesse do credor (artigo 808 do C.Civil). III - Porém, se tal prazo suplementar for previsto logo no próprio contrato e fixado de comum acordo por ambas as partes, não há que discutir a razoabilidade desse prazo. IV - O incumprimento culposo e definitivo que legitima a resolução legal pode ter origem em vários factores: - ou porque se tornou materialmente impossivel; - ou porque estava sujeito a prazo de cumprimento...
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