Acórdão nº 080109 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1991 (caso None)
Data | 21 Fevereiro 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - TEORIA GERAL. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART251 ART252 N1 ART351. CPC67 ART722 N2 ART729 N1 N3.
JurisprudÍncia Nacional: AC STJ DE 1959/04/25 IN BMJ N186 PAG198. AC STJ DE 1980/04/15 IN BMJ N296 PAG198. AC STJ DE 1984/10/04 IN BMJ N340 PAG370. AC STJ DE 1985/04/18 IN BMJ N346 PAG261. AC STJ DE 1984/11/20 IN BMJ N341 PAG432.
Sum·rio : I - Se a primeira instancia presumiu, em face das regras da experiencia comum (presunÁ„o "homini", expressamente prevista no artigo 351 do Codigo Civil), estar provado que os autores n„o teriam contratado caso tivessem tido previo conhecimento da penhora dos bens da sociedade, objecto do contrato de cess„o de quotas, o Supremo Tribunal n„o pode discutir este facto, porquanto o erro na apreciaÁ„o das provas e na fixaÁ„o dos factos materiais n„o pode ser objecto de recurso de revista (artigo 722 n. 2 do Codigo de Processo Civil). II - Se o objecto do contrato foi a transmiss„o da empresa atraves da cess„o de todas as quotas sociais, a situaÁ„o economica da empresa constitui uma das qualidades do obejcto negocial. III - O erro acerca do objecto tanto pode recair sobre a identidade deste, como sobre...
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