Acórdão nº 080878 de Supremo Tribunal de Justiça (Portugal), 19 de Setembro de 1991 (caso NULL)
Magistrado Responsável | BALTAZAR COELHO |
Data da Resolução | 19 de Setembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART138 ART668 N1 D ART712 ART716 N1. CCIV66 ART236 - ART239 ART406 N1. DL 344/78 DE 1978/11/17 ART6. AV 10/81 DE 1981/07/20.
Jurisprudência Nacional: AC STJ DE 1988/02/02 IN BMJ N374 PAG436.
Sumário : I - A Relação, como tribunal de instância que é, tem amplos poderes na fixação da matéria de facto provada, em tudo idênticos aos do tribunal de comarca. II - A integração dos negócios jurídicos a fazer, nos termos do artigo 239 do Código Civil, na medida em que exige o apuramento do que as partes teriam querido se houvessem previsto o ponto omisso e o que os ditâmes de boa- -fé impõem, é uma questão de direito, apreciável portanto pelo Supremo Tribunal de Justiça. III - Segundo o n. 1 do artigo 406 do Código Civil, os contratos só podem ser alterados por...
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