Acórdão nº 071497 de Supremo Tribunal de Justiça (Portugal), 31 de Maio de 1984 (caso NULL)
Magistrado Responsável | LOPES NEVES |
Data da Resolução | 31 de Maio de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART247 ART249 ART287 ART1416 ART334. CPC67 ART279 N1 N3.
Sumário : I - A nulidade do titulo constitutivo da propriedade horizontal tem um regime especial que não se adapta ao padrão comum das nulidades dos artigos 285 e segs. do Codigo Civil, sendo uma dessas especialidades a conversão sistematica da propriedade horizontal no regime comum da propriedade, e a outra circunstancia da impugnação do titulo caber aos condominos e ao Ministerio Publico sobre participação da entidade publica a quem caiba a aprovação ou fiscalização das construções (artigo 1416 daquele Codigo). II - O efeito do erro na declaração e a anulação da declaração negocial, mas quando arguida, desde que o declaratario conhecesse ou não devesse ignorar a essencialidade, para o declarante, do elemento sobre que incidiu o erro (artigos 247 e 287 do Codigo Civil). III - O Supremo não pode emitir juizos de valor...
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