Acórdão nº 97A097 de Supremo Tribunal Administrativo (Portugal), 14 de Outubro de 1997 (caso None)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 14 de Outubro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR REGIS NOT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART220 ART236 ART238 N1 ART364 ART458 N1 ART875. CNOT67 ART89 K.
Jurisprudência Nacional: AC STJ DE 1994/01/12 IN CJSTJ ANO2 TI PAG31. AC STJ DE 1994/04/13 IN RLJ ANO128 PAG373. AC STJ DE 1994/11/30 IN BMJ N441 PAG319. AC STJ DE 1995/09/21 IN BMJ N449 PAG273. AC STJ DE 1996/01/23 IN CJSTJ ANOIV TII PAG56. AC STJ DE 1996/09/06 IN BMJ N454 PAG674.
Sumário : I - A causa do negócio jurídico consiste na sua função económico-social típica, no seu fim, expresso no conteúdo. II - Por regra, no Direito Português, os contratos são causais e, portanto, nulos, se a causa falta ou é ilegal. III - A determinação da vontade negocial é matéria de facto; mas será de direito saber se a interpretação da declaração se fez consoante...
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