Acórdão nº 97B784 de Supremo Tribunal de Justiça (Portugal), 12 de Março de 1998 (caso NULL)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 12 de Março de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART227 N1 ART280 N1 N2 ART294 ART405 N1 ART432 ART433 ART434 ART435 ART436 ART762 N2 ART790 ART800 N2 ART801 ART809 ART810. CPC67 ART676 ART684 N3 ART690 ART712 ART713 N6 ART726. CONST76 ART81 C D. DL 171/79 DE 1979/06/06 ART26. DL 446/85 DE 1985/10/27 ART3 N1 ART12 ART19. DL 329-A/95 DE 1995/12/12 ART25.
Sumário : I - O princípio da liberdade contratual consagrado no artigo 405, n. 1, do CCIV, permite a inserção de cláusulas contratuais desde que sejam queridas pelas partes sem qualquer vício de vontade e se mantenham dentro dos limites da lei. II - Se o cumprimento de um contrato de locação financeira foi apenas parcial, o reapossamento dos bens objecto do contrato pelo locador poderá acarretar-lhe prejuízos decorrentes da utilização...
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