Acórdão nº 97B011 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1998 (caso None)
Magistrado Responsável | HERCULANO NAMORA |
Data da Resolução | 23 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR COM. DIR CIV - TEORIA GERAL / DIR CONTRAT.
LegislaÁ„o Nacional: DL 171/79 DE 1979/06/06 ART19 C ART22 E ART24 E. CCIV66 ART240 ART280 N1 ART294 ART559-A ART934 ART1142 ART1146 N1 N3. DL 446/85 DE 1985/10/25 ART12 ART19 C ART23. PORT 339/87 DE 1987/04/24. PORT 1171/95 DE 1995/09/25. DL 262/83 DE 1983/07/16.
Sum·rio : I - Para a existÍncia da simulaÁ„o relativa torna-se necess·ria, alÈm de outros pressupostos, a existÍncia de conluio entre as partes e a existÍncia de negÛcio dissimulado. II - … nula a cl·usula de contrato de locaÁ„o financeira que, para os casos de resoluÁ„o do contrato por incumprimento do locat·rio, estipula que este fica obrigado a pagar uma indemnizaÁ„o de 20% da soma...
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