Acórdão nº 080297 de Supremo Tribunal Administrativo (Portugal), 21 de Novembro de 1991 (caso None)
Magistrado Responsável | MARIO NORONHA |
Data da Resolução | 21 de Novembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM. DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: CCOM888 ART30 ART407. CCIV66 ART204 N1 ART239 ART405 N2 ART799 N1 ART1028 N3 ART1185 ART1187 C. CPC67 ART660 N2 ART664 ART668 N1 C D ART731 N1.
Sumário : I - Não ha oposição entre a decisão e os fundamentos se estes, ainda que inaceitaveis, necessariamente conduzem aquela. II - E nula a decisão que conhece de questões de que não pode tomar conhecimento, o que sucede se nela se equacionam factos não articulados pelas partes, nem quesitados, nem de conhecimento oficioso. III - E questão de direito a qualificação juridica dos contratos. IV - O contrato em que um banco cede a outrem a utilização de um cofre para guarda de valores numa sua dependencia, e um contrato misto de deposito, locação e prestação de serviços. V - Verificando-se que o elemento primordial que os...
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