Acórdão nº 0062302 de Supremo Tribunal Administrativo (Portugal), 22 de Outubro de 1992 (caso None)
Magistrado Responsável | TOME DE CARVALHO |
Data da Resolução | 22 de Outubro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART934 ART935 N2.
Sumário: O disposto no artigo 934 do Código Civil tem carácter imperativo, impondo-se às partes ainda que elas hajam convencionado o contrário; isto justifica-se pela protecção a dar ao comprador que, numa sociedade de consumo, está normalmente em desvantagem perante a organização económica vendedora. Convencionada expressamente a faculdade de o vendedor, em contrato de compra e venda a prestações com reserva de propriedade até integral pagamento do preço, resolver o contrato em caso de mora do comprador, aquele não tem que fixar ao comprador um prazo razoável para o cumprimento, nem que demonstrar a perda do seu interesse nas prestações do...
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