Acórdão nº 085439 de Supremo Tribunal de Justiça (Portugal), 06 de Fevereiro de 1996 (caso NULL)
Magistrado Responsável | MATOS CANAS |
Data da Resolução | 06 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART9 N3 ART280 N1 ART879 E ART1682. CPC67 ART668 N1 B.
Sumário : I - A cláusula contratual pela qual uma das partes cede à outra "a propriedade de uma carteira de seguros" leva a que o contrato tenha de reger-se pelas disposições da compra e venda, nos termos das quais a cedência da coisa vendida, mediante o pagamento e recebimento do preço, implica a transferência - em princípio, definitiva - da propriedade da coisa vendida, do vendedor para o comprador. II - A lei não define o que seja "determinabilidade" para efeitos do artigo 280 n. 1 do Código Civil, pelo que o significado da palavra deve ser fixado de harmonia com o sentido corrente e comum desse termo - artigo 12 do Código Civil. III - A cláusula contratual segundo a qual a mulher do cedente "deu o seu expresso acordo a tudo o que acima vai exarado, nada tendo a opôr ou a corrigir", não representa uma simples "autorização", um simples "consentimento", imprescindiveis para a validade do negócio jurídico celebrado pelo marido e apenas a ele vinculando (artigo 1682-A do Código Civil), devendo ser interpretada como tendo ela intervindo em seu nome no acordo e ela mesma se vinculando através dele. IV - Proferindo uma sentença na...
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