Acórdão nº 087019 de Supremo Tribunal de Justiça (Portugal), 26 de Setembro de 1995 (caso NULL)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 26 de Setembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO VOLV PAG140. A VARELA RLJ ANO121 PAG311 ANO122 PAG112. R BASTOS NOTAS AO CPC VOLIII PAG285.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART469 N1 ART660 N2 ART664 ART668 N1 B D ART684 ART690 N1 ART721 N2. CCIV66 ART236 N1 N2 ART237 ART238 N1 N2 ART410 N3 ART441 ART442 N2 N4 ART805 N1 ART806 N1 ART830 N3.
Jurisprudência Nacional: SENT DE 1981/04/10 IN CJ VVI N4 PAG312. AC RP DE 1985/03/19 IN CJ BVX N2 PAG219.
Sumário : I - A nulidade traduzida na não especificação dos fundamentos que justificam a decisão só abrange a falta absoluta de fundamentação e não a sua simples deficiência. II - As questões que o juiz tem de resolver, nos termos do n. 2 do artigo 660 não se confundem com os argumentos ou razões invocadas, respeitando antes ao mérito da causa. III - Ao Supremo Tribunal de Justiça, como tribunal de revista, cabe fixar o sentido normativo ou juridicamente relevante da declaração negocial, quando se deva basear em alguma das regras enunciadas nos artigos 236 n. 1, 237 e 238 n. 1 do C.CIV., por ocorrer então violação de lei substantiva nos termos do disposto no artigo 721 n. 2 do C.P.P. IV - O contrato-promessa em que uma das partes se obriga a ceder à outra as...
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