Acórdão nº 0064881 de Supremo Tribunal Administrativo (Portugal), 12 de Janeiro de 1993 (caso None)
| Magistrado Responsável | AFONSO DE MELO |
| Data da Resolução | 12 de Janeiro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART394 ART395 ART874 ART875 ART879 A. CNOT67 ART89 A B.
Sumário: O contrato pode extinguir-se por mútuo consentimento dos contraentes. Na base do "contrarius actus" está uma mudança de avaliação das partes. Dos artigos 874, 875 e 879, al. a) do Código Civil e 39, als. a) e u) do Código do Notariado, resulta que se exigiu apenas a simetria na forma do contrato de compra e venda de bens imóveis e do respectivo "contrarius actus". Resultando que o legislador previu caso a caso a forma exigida para o negócio abolitivo e, assim, sentiu a necessidade de determinar caso a caso a forma para o mútuo dissenso, é porque reconhece não vigorar o princípio da simetria formal. Mas uma coisa é a validade do acordo...
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