Acórdão nº 9631505 de Court of Appeal of Porto (Portugal), 26 de Junho de 1997
Magistrado Responsável | OLIVEIRA VASCONCELOS |
Data da Resolução | 26 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART236 N1 N2 ART238 N2 ART247 ART248 ART293 ART562 ART563 ART564 ART804 N1 N2 ART805 N2 A. DL 436/83 DE 1983/12/19.
Sumário: I - A declaração negocial reduzida a escrito situar-se-à no campo interpretativo quando as expressões da declaração integradas no texto do documento não tenham um sentido claro e inequívoco, ou, ainda que ojectivamente o tenham, possa ser outro o significado que lhes foi atribuído pela vontade concordante das partes, desde que não se oponham à respectiva validade as razões determinantes da forma do negócio. II - Na perspectiva do direito, o que interessa para a qualificação de um contrato é o seu conteúdo jurídico e não a designação que as partes lhe conferem. III - Os declarantes não têm legitimidade para qualificarem...
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