Acórdão nº 9341243 de Court of Appeal of Porto (Portugal), 12 de Julho de 1994
Data | 12 Julho 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR ADM GER - ADM PUBL. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPA91 ART1 ART2 N1 ART3 ART4 ART5 ART6 ART7 ART8 ART9 ART10 ART11 ART12 ART185 N1. CADM40 ART827. CCIV66 ART874 ART879 A ART258 ART369 ART371 N1 ART366 ART372 N1. DL 100/84 DE 1984/03/29 ART2 N1 ART15 CNOT67 ART62 N1 D E I.
Jurisprudência Nacional: AC RE DE 1990/03/08 CJ T2 PAG273. ACRC DE 1989/02/08 CJ T1 PAG60.
Sumário: I - Aos actos administrativos continuados ou sequênciais de gestão pública são aplicáveis, em todo o processo formativo e executivo, as disposições constantes do Código do Procedimento Administrativo; aos actos de gestão privada impõe-se tão só à administração que actue segundo os princípios gerais consagrados nesse Código - artigos 3 a 12; os actos e negócios jurídicos de gestão privada reger-se-ão pelas disposições gerais e específicas que, em concreto, os disciplinam. II - Para dar satisfação aos interesses da respectiva população, pode uma Junta de Freguesia praticar, instrumentalmente, actos de direito privado, comportando-se na realização desses actos, como sejam, por exemplo, doação ou compra e venda, como um simples...
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