Acórdão nº 9410021 de Court of Appeal of Porto (Portugal), 15 de Maio de 1995
| Data | 15 Maio 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART252 N2.
Jurisprudência Nacional: AC STJ DE 1977/11/02 IN BMJ N271 PAG190. AC RP DE 1986/05/08 IN CJ T3 ANOXI PAG190. AC RC DE 1985/05/28 IN CJ T3 ANOX PAG89.
Sumário: I - O n.2 do artigo 252 do Código Civil requer que para o erro sobre os motivos determinantes da vontade de contratar ser relevante deve respeitar: - à base negocial subjectiva, isto é, à decisão de contratar; - afectar gravemente os princípios da boa-fé contratual;e - não estar coberto pelos riscos próprios do negócio. II - Existe tal erro quando uma Câmara Municipal consegue que os particulares lhe vendam terrenos, criando-lhes a convicção de que os mesmos se destinavam a Parque de Campismo e que, se...
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