Acórdão nº 063717 de Supremo Tribunal Administrativo (Portugal), 04 de Janeiro de 1972 (caso None)
Data | 04 Janeiro 1972 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: M DE ANDRADE IN TEORIA GERAL DA RELAÇÃO JURIDICA VII PAG237. GALVÃO TELES IN DOS CONTRATOS EM GERAL PAG75. RUI ALARCÃO IN BMJ N138 PAG86.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART12 N2. CCIV867 ART661 ART663 PARUNICO ART697 PAR1 PAR2.
Jurisprudência Nacional: AC STJ DE 1971/02/02 IN BMJ N204 PAG131.
Sumário : I - A anulação de um contrato-promessa, por erro, por factos ocorridos antes da entrada em vigor do Codigo Civil de 1966, são aplicaveis as normas do Codigo Civil de 1867. II - Neste diploma, tal como se da com o Codigo actual, a essencialidade do erro podia ser absoluta ou relativa, isto e, quer o erro tivesse influido na conclusão do negocio em si mesmo, quer apenas nos termos em que este tivesse sido concluido; por isso, para haver erro essencial, bastava que a circunstancia suposta pelo...
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