Acórdão nº 077627 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1990
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 30 de Janeiro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART280 ART424 N1 ART425 ART1059 N2. CPC67 ART664 ART668 N1 B C ART684 N3 ART721 ART722 ART729 N1. CNOT67 ART89 K. LOTJ87 ART29. L 2030 DE 1948/06/22 ART85 N1 C.
Sumário : I - As nulidades previstas nas alineas b) e c) do n. 1 do artigo 668 do Codigo de Processo Civil, verificam-se quando a decisão não especifica os fundamentos de facto e de direito que a justificam, e quando os fundamentos estejam em oposição com a propria decisão. II - Quando na decisão se tenham considerado factos não alegados pelas partes, ou tirado ilações que os factos provados não comportam, tais aspectos não são subsumiveis a qualquer das referidas nulidades, imputando antes violação do artigo 664 do Codigo de Processo Civil, a qual se traduz num erro de julgamento. III - A figura da cessão da posição contratual consiste no negocio pelo qual um dos outorgantes em qualquer contrato bilateral ou sinalagmatico, transmite a terceiro, com o consentimento do outro contraente, o complexo dos direitos e obrigações que lhe advieram desse contrato. IV - Na cessão da posição contratual estão envolvidos dois contratos - o contrato basico do qual nascem a posição que um dos contraentes (cedente) transmite a terceiro: e o contrato instrumento, negocio causal que opera a transmissão da posição contratual. V - Com a venda (contrato instrumento) da posição de arrendatario opera-se uma modificação subjectiva no...
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