Acórdão nº 083597 de Supremo Tribunal de Justiça (Portugal), 26 de Maio de 1993 (caso NULL)
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 26 de Maio de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
LegislaÁ„o Nacional: CCIV66 ART126 ART220 ART272 ART288 ART289 N1 N3 ART355 N4 ART358 N2 N4 ART337 ART410 N2 ART412 N1 ART432 ART433 ART434 ART435 ART436 ART437 ART479 ART480 ART550 ART875 ART1270 N1 ART2029 N3. CPC67 ART722 N2.
JurisprudÍncia Nacional: AC STJ DE 1974/06/14 IN BMJ N238 PAG217. AC STJ DE 1981/11/10 IN BMJ N311 PAG353. AC STJ DE 1985/04/24 IN BMJ N346 PAG245. AC STJ DE 1982/11/18 IN BMJ N321 PAG387.
Sum·rio : I - N„o tendo a confiss„o constante de determinado documento sido dirigida a alguÈm em particular, n„o pode ela ter forÁa probatÛria plena. II - N„o tem sentido a invocaÁ„o da confirmaÁ„o de um contrato, se este È nulo, e n„o anul·vel; ou se È v·lido e n„o sofre de vÌcio que implique a sua anulabilidade. III - O contrato-promessa inv·lido por vÌcio de forma e o contrato-promessa v·lido que, por impossibilidade do cumprimento, sem culpa de qualquer das partes, ficou sujeito ao regime de resoluÁ„o previsto nos artigos 432 a 436 do CÛdigo Civil participam do regime do artigo 289-1 do mesmo cÛdigo. IV - O princÌpio do enriquecimento sem causa È subsidi·rio, n„o funcionando quando a lei faculta ao empobrecido outros meios de se indemnizar ao ser restituÌdo, no entanto, o...
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