Acórdão nº 067425 de Supremo Tribunal Administrativo (Portugal), 19 de Dezembro de 1978 (caso None)
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 19 de Dezembro de 1978 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE TEORIA GERAL DA RELAÇÃO JURIDICA. GALVÃO TELES IN DOS CONTRATOS EM GERAL 2ED PAG84.
Área Temática: DIR CIV - DIR FAM / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART12 N2 ART236 N1. CCIV867 ART661 ART687 ART689 ART2163. CPC67 ART722 N2 ART729 N2.
Sumário : I - Rege-se pelo Codigo Civil de Seabra a questão de validade de uma escritura de partilhas celebrada na sua vigencia. II - No regime desse Codigo a anulação da partilha extrajudicial so era possivel nos casos em que tambem o fosse a dos contratos (artigo 2163), sendo um desses casos o de erro sobre o objecto e respectivas qualidades (artigo 661). III - Integra tal vicio, incidindo sobre a substancia dos direitos partilhados, não se haver declarado, por erro, na escritura em causa, que uma das verbas consistia so na raiz do imovel nela descrito, e haver-se, tambem por erro, declarado que as restantes eram constituidas pela totalidade dos predios nelas indicados, quando o certo e que so a raiz daquele e fracções destes pertenciam ao patrimonio dos outorgantes. IV - A essencialidade do erro, como condição de relevancia para efeito de anulação, decorrente das circunstancias do contrato, nos termos do citado artigo 661, depende de juizo sobre a vontade conjectural do contraente em erro. V - A determinação da vontade conjectural ou...
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