Acórdão nº 0099882 de Supremo Tribunal Administrativo (Portugal), 18 de Maio de 1995 (caso None)
Magistrado Responsável | SANTOS BERNARDINO |
Data da Resolução | 18 de Maio de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PROF MENEZES CORDEIRO "DIREITO DAS OBRIGAÇÕES" VII ANO1980 EDAAFDL PAG234.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART341 ART781 ART790 N1 ART791 ART863.
Sumário: I - O CC contempla a figura da remissão, no elenco das causas extintivas, das obrigações, a partir do princípio da contratualidade, que lhe subjaz; e pressupõe acordo entre os dois titulares da relação creditória; sendo um contrato consensual, não formal. II - A remissão deve resultar claramente das declarações efectuadas pelas partes; podendo ser anulável provada a existência de coacção moral determinante da...
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