Acórdão nº 073615 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1988 (caso None)
Data | 16 Novembro 1988 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA M BEZERRA E S NORA IN MANUAL DE PROCESSO CIVIL 1984 PAG433.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: L 76/77 DE 1977/09/29 ART3 N4. CCIV66 ART268 N3 N4 ART405 N1 ART406 ART1071 B ART1074 N1 N2 ART1082. DL 201/75 DE 1975/04/15.
Jurisprudência Nacional: AC RC DE 1982/01/26 IN CJ ANOVII T1 PAG91.
Sumário : I - O n. 4 do artigo 268 do Codigo Civil permite a revogação ou rejeição pela outra parte do negocio que uma pessoa, sem poderes de representação, celebre em nome de outrem enquanto o mesmo não for notificado, mas isto, se a parte não conhecia a falta de poderes de representação. II - Considera-se que a contraparte conhecia a falta de poderes de representação quando não usou a faculdade do n. 3 do mesmo artigo - fixar um prazo para o efeito da ratificação, para que esta se houvesse por negada - - nem articulou que "não conhecia a falta de poderes do representante". III - Se e certo que o artigo 406 do Codigo Civil estipula que o "contrato deve ser pontualmente cumprido" não e menos certo que, nos termos do artigo 405, n. 1, do mesmo Codigo o conteudo dos contratos tem de...
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