Acórdão nº 0055586 de Supremo Tribunal Administrativo (Portugal), 03 de Junho de 1993 (caso None)
| Magistrado Responsável | SILVA PAIXÃO |
| Data da Resolução | 03 de Junho de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART217 ART1038.
Sumário: I - O contrato é essencialmente um acordo vinculativo de vontades opostas, mas harmonizáveis entre si. Sendo o arrendamento um contrato, para que tenha existência é indispensável o mútuo consenso, que há-de revelar-se através da declaração negocial de cada uma das partes: senhorio e arrendatário. II - As declarações negociais, que podem ser expressas ou tácitas (artigo 217, n. 1 do CC) são um verdadeiro elemento do contrato, "uma realidade componente ou constitutiva da sua estrutura". III - A concludência dum comportamento não exige a consciência subjectiva...
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