Acórdão nº 9630789 de Court of Appeal of Porto (Portugal), 19 de Dezembro de 1996
Magistrado Responsável | OLIVEIRA VASCONCELOS |
Data da Resolução | 19 de Dezembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART863 ART947 N2 ART219 ART281. CSC86 ART409 ART6 N1 N2 N4.
Sumário: I - A declaração, feita pelo vendedor de coisa móvel ao comprador, de que não tem de pagar o respectivo preço, por constituir uma oferta, traduz-se no negócio jurídico bilateral de remissão feita com " animus donandi ". II - Essa remissão está sujeita às regras de forma das doações e, tratando-se de coisa móvel, não depende de formalidade alguma externa, quando acompanhada de tradição da coisa. III - Tal tradição ou entrega da coisa não tem de ser simultânea com a doação, podendo ser anterior ou posterior à declaração de doação. IV - Uma sociedade anónima fica vinculada, perante terceiros, por actos dos seus administradores, desde que os actos sejam praticados por administradores, em nome da sociedade e dentro dos respectivos poderes, salvo certas...
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