Acórdão nº 075519 de Supremo Tribunal de Justiça (Portugal), 21 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 21 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CPC67 ART676 ART677 ART680 ART682. CCIV66 ART10 N3 ART341 ART342 ART398 ART405 ART406 ART437 ART671 ART682 ART685 ART690 ART762 N2 ART806 N3. CPC67 ART690.
Sumário : I - O recurso é uma forma de impugnação das decisões judiciais que só pode ser interposto por quem, sendo parte principal na causa, tenha ficado vencido, desde que a decisão não haja transitado em julgado - artigos 676, 680, 682 e 677, todos do Código de Processo Civil. II - O recurso subordinado não é susceptível de conhecimento se, através dele, o recorrente se limita a apoiar o decidido no acórdão recorrido, não se mostrando vencido nessa parte. III - As partes têm, como regra, o direito de fixar livremente o conteúdo dos contratos. IV - A liberdade contratual é a faculdade de criar um pacto que, uma vez concluído, nega a cada uma das partes a possibilidade de se afastar unilateralmente dele - - pacta sunt servanda. V - Os contratos devem ser pontualmente cumpridos e só podem modificar-se ou extinguir-se por mútuo consentimento dos contraentes ou nos casos admitidos na lei...
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