Acórdão nº 063688 de Supremo Tribunal Administrativo (Portugal), 22 de Outubro de 1971 (caso None)
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 22 de Outubro de 1971 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM. DIR CIV - TEORIA GERAL / DIR CONTRAT.
LegislaÁ„o Nacional: CCIV66 ART293 ART441 ART442 ART1118 N3. CNOT67 ART89. D 15289 DE 1928/03/30 ART31 PAR2.
Sum·rio : I - E da competencia do Supremo Tribunal de JustiÁa, por constituir quest„o de direito, a qualificaÁ„o de uma relaÁ„o juridica como contrato de trespasse ou de compra e venda. II - E contrato de trespasse aquele que abrange a disposiÁ„o, por venda, de estabelecimento comercial ou industrial, como unidade economica. III - O contrato de trespasse, nulo por n„o constar de escritura publica (artigos 1118, n. 3, do Codigo, e 89 alinea K), do Codigo do Notariado), e convertivel, de direito, em simples contrato-promessa, nos termos do artigo 293 do Codigo Civil, desde que contenha os requisitos substanciais e...
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