Acórdão nº 086410 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1995 (caso NULL)
Magistrado Responsável | FARIA DE SOUSA |
Data da Resolução | 11 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA IN DAS OBRIGAÇÕES EM GERAL 2ED VOL2 PAG190. A COSTA IN DIR DAS OBG 4ED PAG782 3ED PAG699.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART754 ART755 C ART756 A B C ART859 ART1157 ART1167.
Sumário : I - O mandato pressupõe que, por incumbência do mandante, o mandatário se tenha obrigado a praticar um ou mais actos jurídicos por conta do mandante, destinando- -se a sua actuação a prosseguir interesses deste. II - O mandatário goza do direito de retenção sobre as coisas que lhe tiverem sido entregues para execução do mandato, pelo crédito resultante da sua actividade - (alínea c) do artigo 755 do Código Civil). III - A novação é a extinção contratual de uma obrigação antiga em virtude da constituição de uma obrigação nova, que vem ocupar o lugar da primeira e consiste na convenção pela qual as partes extinguem uma obrigação, por meio da criação de uma obrigação em lugar dela. IV - Para que exista novação, a lei (artigo 859 do Código Civil) exige que a intenção de novar seja expressamente declarada...
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