Acórdão nº 073753 de Supremo Tribunal Administrativo (Portugal), 07 de Outubro de 1986 (caso None)
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 07 de Outubro de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT R BASTOS NOTAS COD PROC CIV VIII PAG253.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART270 ART271 N2 ART285 N1 ART286. CPC67 ART3 N1 ART671 N1 ART676 N1 ART684 N3 N4.
Jurisprudência Nacional: AC STJ DE 1983/04/28.
Sumário : I - E nulo o negocio juridico cujo objecto seja contrario a lei, não so frontalmente, mas tambem os que procuram contornar a proibição legal, negocios em fraude a lei - - artigo 285, n. 1 do Codigo Civil. II - E nulo o negocio sujeito a uma condição suspensiva que seja fisica ou legalmente impossivel - artigo 271, n. 2 do Codigo Civil - invocavel a todo o tempo, por qualquer interessado ou declarada oficiosamente - artigo 286 daquele Codigo. III - As partes podem subordinar a um acontecimento futuro e incerto a produção dos efeitos do negocio juridico ou a sua resolução: no primeiro caso, diz-se suspensiva a condição, no segundo resolutiva - artigo 270 do Codigo Civil. IV - O declarar na escritura de permuta que o predio que os Reus trocam com a Camara Municipal de Lisboa esta livre de onus ou encargos e desocupado de inquilinos, não traduz uma...
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