Acórdão nº 072585 de Supremo Tribunal de Justiça (Portugal), 18 de Junho de 1985 (caso NULL)
Magistrado Responsável | GOIS PINHEIRO |
Data da Resolução | 18 de Junho de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO111 PAG380. P LIMA E A VARELA IN CCIV ANOTADO VI PAG152.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART236 ART238 N1 ART778 N2 ART830 N1. CPC67 ART721 N2.
Jurisprudência Nacional: AC STJ DE 1976/10/14 IN BMJ N260 PAG104.
Sumário : I - De harmonia com os artigos 236 e 238, n. 1 do Codigo Civil, a declaração negocial vale com o sentido que um declaratario normal, colocado na posição do real declaratario, possa deduzir do comportamento do declarante, salvo se este não puder razoavelmente contar com ele. Nos negocios formais, não pode a declaração valer com um sentido que não tenha um minimo de correspondencia no texto do documento, ainda que imperfeitamente expresso. II - Consoante dispõe o n. 2 do artigo 778 do Codigo Civil, quando o prazo for deixado ao arbitrio do devedor (clausula "cum voluerit") so dos herdeiros tem o credor o direito de exigir que satisfaçam a prestação. Em tal caso, existe...
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