Acórdão nº 087009 de Supremo Tribunal de Justiça (Portugal), 03 de Outubro de 1995 (caso NULL)
Data | 03 Outubro 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: DL 54/75 DE 1975/02/12 ART29. CRP84 ART7. CSC86 ART219 ART220. CCIV66 ART410 N2 ART892 ART1311.
JurisprudÍncia Nacional: ASS STJ DE 1989/11/29 IN DR IS 1990/02/23.
Sum·rio : I - O contrato promessa de cedÍncia de quotas de uma sociedade comercial sÛ assinado pelo representante do promitente cedente e n„o pelos promitentes cession·rios das quotas È nulo por falta de forma legal - artigo 220 do CÛdigo Civil. II - Embora tal contrato tenha sido celebrado apÛs a vigÍncia da nova redacÁ„o dada ao artigo 410 do CÛdigo Civil pelo Decreto-Lei n. 236/80, de 18 de Julho, poder· ser-lhe tambÈm aplicada a doutrina do Assento do Supremo Tribunal de JustiÁa de 29 de Novembro de 1989, porque o n. 2 do mesmo artigo n„o sofreu alteraÁ„o. E, assim, a declaraÁ„o n„o pode considerar-se como contrato de promessa unilateral porque nenhuma das partes alegou sequer que tivesse sido essa a vontade das partes. III - … v·lido o contrato de promessa de venda de coisa alheia mas nesse caso o promitente-vendedor deve assumir a obrigaÁ„o de adquirir a coisa para a transaccionar ao promitente-comprador atravÈs de contrato definitivo ou deve...
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