Acórdão nº 003923 de Supremo Tribunal de Justiça (Portugal), 26 de Junho de 1996 (caso NULL)
| Magistrado Responsável | MATOS CANAS |
| Data da Resolução | 26 de Junho de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MOTA PINTO IN TEORIA GERAL DO DIR CIVIL PAG610. G CANOTILHO E V MOREIRA IN CRP NOTAS AO ART76.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CONST - DIR FUND. DIR CIV - TEORIA GERAL / DIR RESP CIV.
Legislação Nacional: DL 441-A/82 DE 1982/11/06 ART23 N4. CONST89 ART76 N2. CCIV66 ART342 N2 ART496. LCT69 ART15 ART16.
Sumário : I - Mesmo que o contrato de trabalho fosse declarado nulo, ele produziria efeitos como se fosse válido em relação ao tempo durante o qual esteve em execução. II - A falta de prova relativa à nulidade impede do mesmo modo a demonstração da caducidade do acordo. Não ocorre a caducidade contratual. III - Quanto ao suscitado "abuso de direito" por banda do autor, a ré, no caso da...
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