Acórdão nº 98B732 de Supremo Tribunal Administrativo (Portugal), 15 de Outubro de 1998 (caso None)
| Magistrado Responsável | FERREIRA DE ALMEIDA |
| Data da Resolução | 15 de Outubro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART253 N1 N2 ART298 ART1154. CCOM888 ART366.
Referências Internacionais: CONV CMR ART17 N1 N2 ART18 N5 ART32.
Jurisprudência Nacional: AC STJ DE 1987/01/27 IN BMJ N363 PAG480. AC STJ DE 1991/07/02 IN BMJ N409 PAG828.
Sumário : I - Existe dolo não só quando o enganante (deceptor) emprega qualquer sugestão, artifício ou embuste com a intenção ou consciência de induzir ou manter em erro o autor da declaração (deceptus) como quando exista dissimulação, pelo destinatário ou terceiro, do erro do declarante. II - O dolo só invalida o negócio jurídico se viciar a vontade do declarante e na medida em que o erro incida sobre circunstâncias passadas ou presentes existentes no momento da celebração do negócio ou antes dele. III - Não é de afastar a existência...
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