Acórdão nº 98B1082 de Supremo Tribunal de Justiça (Portugal), 28 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | FERREIRA DE ALMEIDA |
Data da Resolução | 28 de Janeiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JURISPRUDÊNCIA UNIFORME.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART217 ART218 ART236.
Sumário : I - O silêncio só valerá como declaração negocial quando tal valor lhe seja atribuido por lei, uso ou convenção. II - Na declaração tácita, a inequivocidade dos factos concludentes não exige que a dedução seja forçosa ou necessária, bastando que, conforme os usos do ambiente social, ela possa ter lugar com toda a probabilidade; a concludência de um comportamento, no sentido de permitir concluir um certo sentido negocial, não exige a consciência subjectiva por...
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