Acórdão nº 0407853 de Court of Appeal of Porto (Portugal), 30 de Janeiro de 1992
Magistrado Responsável | CESARIO MATOS |
Data da Resolução | 30 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART464 ART465 ART466 ART467 ART468 ART469 ART470 ART471 ART472 ART268 ART260 ART262 N2 ART363 ART559 N2. CPC67 ART35 ART36 ART37 ART38 ART667. CCOM888 ART102.
Sumário: I - Constitui a figura da gestão representativa a intervenção num contrato de alguém na qualidade assumida e declarada nele de representante de outrém, mas sem que se saiba se tem efectivamente os poderes que invoca. II - Da gestão representativa decorrem os efeitos entre o gestor e o dono do negócio regulados nos artigos 464 a 472 do Código Civil e entre o dono do negócio e o outro contraente regulados no artigo 268 do mesmo Código. III - Se o outro contraente conhecer a falta dos poderes da aludida representação e não fixou ao dono do negócio um prazo razoável para a ratificação, carece da faculdade de revogar o contrato ou de rejeitá-lo. IV - Propondo, num casos desses, o representado acção em juízo contra o outro contraente para fazer valer os direitos que para si emergem do contrato, verifica-...
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