Obrigação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 202-203 |
Page 202
s.f. (lat. obligatione).
s.c.: acto ou efeito de obrigar; direito de crédito; imposição.
A acção destinada a exigir o cumprimento de obrigações será proposta, à escolha do credor, no tribunal do lugar em que a obrigação devia ser cumprida ou no tribunal do domicílio do réu.
No mencionado - para Antunes Varela - cabe, inquestionavelmente, a acção destinada a exigir, em acumulação, o cumprimento específico da obrigação e da indemnização pelaPage 203 mora. Mas exorbitam já, quer a acção de resolução do contrato fundada no inadimplemento de uma das obrigações contratuais ou na mora, quer a acção de anulação do contrato.
Remissões:
art. 74.º C.P.C..
art. 774.º C.C..
Jurisprudência:
Ac. Rel. Porto, de 18/3/99, in Col. Jur., 1999, 2.º-185.
Ac. Rel. Porto, de 2/12/98, in Col. Jur., 1998, 5.º-206.
História:
Os romanos admitiram o forum contractus. Na vigência das Ordenações o foro do contrato podia ser geral ou especial: o devedor podia obrigar-se a responder em qualquer foro ou apenas em certo lugar diferente do seu domicílio. Entre os praxistas foi controvertido se o foro do contrato era de admitir quando o...
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