Acórdão nº 086417 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1995 (caso NULL)
Data | 26 Abril 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: V SERRA IN BMJ N68 PAG121. J BASTOS CCIV ANOTADO PAG214. A VARELA OBG 2ED VOLI PAG25. A VARELA IN BOL N273 PAG206.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART227 ART410 N2 ART875. CPC67 ART661.
Jurisprudência Nacional: AC STJ DE 1982/03/11 IN BMJ N315 PAG254.
Sumário : I - O instituto da responsabilidade pré-contratual ou in contraendum (ou culpa na formação dos contratos) tem a consagração legal estatuída no artigo 227 do C.C., havendo assim que considerar não ser lícito a qualquer das partes romper arbitrariamente as negociações havidas depois delas terem alcançado um tal desenvolvimento que seja de molde a atraiçoar a confiança que qualquer delas pôs na ulterior definitivação do contrato em vista. II - No caso de o contrato ser nulo por falta de forma legalmente exigida, a nulidade do contrato não obsta a que fique o caso subtraído à previsão do artigo 227 do C.C., que nada distingue, e porque o preceito prevê para os preliminares ou para o momento da sua formação. III - Celebrado entre os Réus e Autores um contrato verbal...
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