Acórdão nº 0009001 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1997 (caso None)
| Magistrado Responsável | QUINTA GOMES |
| Data da Resolução | 18 de Fevereiro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 171/79 DE 1979/06/06 ART1 ART5 ART19 C ART22 E ART24 F ART26. DL 149/95 DE 1995/06/24 ART1. CCIV66 ART334 ART405 N1 ART874. DL 298/92 DE 1992/12/31 ART3 G.
Jurisprudência Nacional: AC STJ DE 1993/03/09 IN CJ ANO1993 T2 PAG8.
Sumário: I - No contrato de adesão a liberdade da contraparte fica praticamente limitada a aceitar ou rejeitar, sem poder realmente interferir ou fazê-lo de forma significativa na conformação do conteúdo negocial que lhe é proposto, que constitui um modelo pré-fixado de "condições gerais". II - O contrato de locação financeira tem subjacente a intenção de proporcionar ao locatário a utilização de determinados bens e não tanto a sua propriedade, mediante o pagamento de uma retribuição pelo gozo da coisa. - É um negócio misto, com elementos da locação, da compra e venda e do mútuo...
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