Acórdão nº 97A557 de Supremo Tribunal Administrativo (Portugal), 11 de Novembro de 1997 (caso None)
Magistrado Responsável | MACHADO SOARES |
Data da Resolução | 11 de Novembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART227 N1.
Sumário : I - O artigo 227 n. 1 do CCIV66 refere-se sucessivamente a duas fases susceptíveis de produzir a responsabilidade pré-contratual: uma fase negociatória integrada pelos actos preparatórios realizados sem marcada intenção vinculante, desde os primeiros contactos das partes até à formação de uma proposta contratual definitiva; e uma fase decisória constituida por duas declarações de vontade vinculativas, quer dizer, a proposta e a aceitação da proposta. II - O momento em que na fase negociatória se pode dizer que as partes se acham já vinculadas a recíprocas obrigações decorrentes da boa fé é aquela em que os contactos pré-contratuais entre as partes fazem surgir numa delas ou em cada uma delas a confiança na conduta leal, honesta, responsável e íntegra da contraparte, isto numa apreciação objectiva no quadro do ambiente económico-social em que o processo formativo do contrato teve lugar. III - A empresa que, por meio do chefe do sector de distribuição, anuncia a reestruturação desse sector, passando a distribuição a ser feita por concessionários, com suspensão dos postos de trabalho, e que concessionários seriam os trabalhadores do sector...
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