Acórdão nº 076641 de Supremo Tribunal Administrativo (Portugal), 14 de Dezembro de 1988 (caso None)
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 14 de Dezembro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT M BRITO COD CIV ANOT VI PAG276. A REIS COD PROC CIV ANOT VVI PAG57.
Área Temática: DIR COM - TIT CREDITO. DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV867 ART684. CCIV66 ART73 N3 ART236 N1 ART238 N1 ART595 N1 A ART874 ART879 A. CPC67 ART617 ART676 N1 ART680 N1 ART690 ART721 N1 N2 ART722 N2 ART729 N1 N2 N3. CNOT67 ART78.
Jurisprudência Nacional: AC STJ DE 1984/02/22 IN BMJ N334 PAG422. AC STJ DE 1984/05/03 IN BMJ N337 PAG343. AC STJ DE 1985/12/10 IN BMJ N352 PAG317. AC STJ DE 1985/11/25 IN BMJ N361 PAG527. AC STJ DE 1972/07/18 IN BMJ N219 PAG225.
Sumário : I - A intenção das partes, a interpretação da vontade negocial delas constitui materia de facto que escapa ao poder de cognição do Supremo - artigos 722, n. 2 e 729, ns. 1 e 2 do Codigo de Processo Civil, - cabendo-lhe apenas, em recurso de revista, censurar a incorrecta e errada aplicação dos criterios interpretativos estabelecidos nos artigos 236, n. 1 e 238, n. 1 do Codigo Civil. II - Interpretaram as instancias a declaração contida na escritura de compra e venda do estabelecimento industrial da 1 Re, como deduzindo a vontade dos outorgantes de verem transferida para a compradora a responsabilidade pelo pagamento da divida, objecto desta acção. III - Na determinação do sentido da declaração negocial atenderam as instancias aos termos, natureza e circunstancias do contrato em analise, com observancia do disposto no artigo 238 n...
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