Acórdão nº 0044732 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1992 (caso None)
Magistrado Responsável | FERREIRA MESQUITA |
Data da Resolução | 21 de Maio de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: RUI ALARCÃO IN CONFIRMAÇÃO DOS NEGÓCIOS ANULÁVEIS V1 PAG118 PAG188. ALMEIDA COSTA IN RLJ ANO116 PAG383 RDES ANO19 PAG113.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART268 N1 ART286 ART410 N3. CPC67 ART712 N1 B.
Jurisprudência Nacional: AC RC DE 1973/12/16 IN BMJ N226 PAG282. AC RE DE 1977/01/13 IN CJ ANOII T1 PAG135. AC RL DE 1980/05/12 IN BMJ N301 PAG457. AC RL DE 1988/01/20 IN CJ ANOXIII T5 PAG130. AC RL DE 1989/11/23 IN CJ ANOXIV T5 PAG118. AC RL DE 1991/01/22 IN CJ ANOXVI T1 PAG145. AC RC DE 1991/10/08 IN CJ ANOXVI T4 PAG105.
Sumário: I - Se num escrito que titula um contrato-promessa de compra e venda de imóvel consta as assinaturas de duas pessoas, que por meio de documento junto ao processo se verifica serem sócios-gerentes da sociedade promitente vendedora, e não figurando os seus nomes em qualquer das cláusulas do contrato, pode dizer-se que elas intervieram na qualidade de representantes legais daquela. II - Pode a Relação, ao abrigo do disposto no artigo 712 n. 1 alínea b), do Código de Processo Civil, alterar a resposta ao quesito onde se perguntava se essas assinaturas tinham sido feitas na qualidade de representantes...
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