Acórdão nº 9051246 de Court of Appeal of Porto (Portugal), 17 de Maio de 1990
| Data | 17 Maio 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBRIG.
Legislação Nacional: CCIV66 ART410 N3 ART220 ART289 N1 ART492 N2. CPC67 ART664.
Sumário: I - Para que exista uma declaração negocial, produzindo efeitos como tal, é necessário que haja da parte do declarante uma vontade negocial ou a consciência de emitir essa declaração. II - O recibo de sinal é insuficiente para consubstanciar um contrato-promessa de compra e venda. III - A sanção correspondente à omissão dos requisitos formais previstos no artigo 410 n.3 do Código Civil é a nulidade do contrato por inobservância da forma legalmente prescrita - artigo 220 do Código Civil. IV - Trata-se, porém, duma nulidade mista ou atípica, duma nulidade " suigeneris " em que é de aplicar, em princípio, a regra geral para os vícios de forma...
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