Acórdão nº 063511 de Supremo Tribunal Administrativo (Portugal), 09 de Novembro de 1971 (caso None)
Magistrado Responsável | ALBUQUERQUE ROCHA |
Data da Resolução | 09 de Novembro de 1971 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV867 ART702 ART705 ART706 ART711 ART1114 PAR2 ART1548. LSQ ART4 PAR3. CPC67 ART506 N4 ART511 N2 N4 N5 ART515 ART654 N2 F ART655 N1 ART712 ART734 N1 B ART753 N3 ART756 N2.
Sumário : I - A parte que, numa acção civel, reclamou contra a especificação, não pode reservar-se para reclamar do questionario em uma outra oportunidade. II - Constitui exclusiva materia de facto saber quanto dinheiro alguem levantou e ainda porque e para que fez esse levantamento. III - Embora objecto de um so recurso, são independentes o despacho saneador e o que resolve reclamações contra a especificação e o questionario. IV - Na vigencia do Codigo Civil de 1867, a promessa de qualquer contrato futuro regulava-se pelas normas estabelecidas no artigo 1548 daquele Codigo para o contrato-promessa de compra e venda. V - Ficando a constar da especificação da acção que, num contrato-promessa, os contraentes acordaram em que algumas quotas de uma sociedade por quotas seriam cedidas pelo seu valor nominal, e ainda que, por conta do preço da ajustada cessão, o promitente cessionario entregara aos promitentes cedentes a quase totalidade do preço, deve considerar-se estabelecido o preço da cessão. VI - E o prometido contrato era o de cessão de quotas futuras, a constituir por alteração do pacto social, consistindo...
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