Acórdão nº 067879 de Supremo Tribunal Administrativo (Portugal), 19 de Junho de 1979 (caso None)
Magistrado Responsável | HERNANI LENCASTRE |
Data da Resolução | 19 de Junho de 1979 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - TEORIA GERAL.
LegislaÁ„o Nacional: CCIV66 ART125 N1 A B ART287 N2 ART288 N2 ART312 ART317 B. LULL ART70.
Sum·rio : I - Numa acÁ„o em que o autor pede a condenaÁ„o do reu a pagar-lhe certa quantia em dinheiro, com juros vencidos e vincendos de 6%, em divida pelo fornecimento de diversas mercadorias, n„o tendo o reu atingido ainda a maioridade quando negociou com o autor a venda dessas mercadorias, o negocio juridico e anulavel, de acordo com o disposto no artigo 125, n. 1, alineas a) e b), do Codigo Civil, dentro do prazo ai estabelecido, podendo, independentemente desse prazo, a anulabilidade ser excepcionada, como foi em conformidade com o artigo 287, n. 2. II - Apurado, como foi, o conhecimento que o reu tinha do direito a anulaÁ„o do negocio quando, ja maior, o confirmou, na medida em que vem fixado pelas instancias que, uma vez completada ja a maioridade, revelou a disposiÁ„o de cumprir, n„o obstante saber da referida anulabilidade, assim ficou tambem apurado, por necessariamente contido nesse direito, o seu conhecimento do respectivo vicio (a respectiva menoridade, entretanto cessada). III - A classificaÁ„o dos contratos e materia de...
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