Acórdão nº 076506 de Supremo Tribunal Administrativo (Portugal), 15 de Fevereiro de 1989 (caso None)
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 15 de Fevereiro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA COD CIV ANOT VI 4ED PAG243. R ALARCÃO IN BMJ N138 PAG109.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART246 ART251 ART255 ART257 N1 ART261 N1 ART364 ART371 N1 ART372 N1 N2 ART410. CPC67 ART664 ART676 N1 ART684 N2 N3 ART690 N1 N3 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1971/05/03 IN BMJ N237 PAG176.
Sumário : I - Para se poder operar a anulação de uma procuração com fundamento em incapacidade acidental ao abrigo do artigo 257, n. 1 do Codigo Civil alegando o autor doença psiquica, necessario se torna que o mesmo faça a prova de que a procuração foi outorgada, meio de comprovada doença do foro neurologico de que padecia, estava privado de capacidade de entender e querer e, outrossim, que esse estado era notorio ou conhecido da outra parte. II - Não tendo sido alegada a falsidade de uma procuração exarada perante funcionario notarial, tal documento prova plenamente terem sido feitas ao mesmo funcionario as declarações atestadas nesse documento. III - Não constitui contrato-promessa de cessão de quota de uma sociedade comercial um escrito particular denotando a existencia de uma negociação preliminar visando a efectivação de um contrato de cessão tendo como objecto a quota de uma das partes em determinada sociedade em que, embora sob a forma de acordo, decidam sobre alguns pontos...
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