Acórdão nº 073920 de Supremo Tribunal Administrativo (Portugal), 14 de Outubro de 1987
Magistrado Responsável | AURELIO FERNANDES |
Data da Resolução | 14 de Outubro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE TEOR GER REL JUR 1983 VII PAG123. M PINTO TEOR GER DIR CIV 4ED PAG365. G TELES MAN CONTR GER 3ED PAG168.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART221 N1 ART240 ART393 N1 ART394 N1 N2 ART883 N1. CPC67 ART264 N2 ART456.
Jurisprudência Nacional: AC STJ DE 1973/12/04 IN BMJ N232 PAG107.
Sumário : I - A simulação do preço no contrato de compra e venda, ainda que em prejuizo do estado, como no caso dos autos, não determina a nulidade do contrato, pois a indicação do preço não e elemento essencial do contrato, embora o seja a existencia de um preço, que ate pode ser determinado pelos meios do artigo 883 n. 1 do Codigo Civil, subsistindo o contrato pelo preço realmente convencionado. II - O disposto no artigo 221, n. 1 do Codigo Civil, nenhuma aplicação tem no caso que tem regulamentação especifica nas normas e principios juridicos que regem o instituto da simulação. III - O Reu, no intuito de se eximir ao pagamento da quantia...
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