Acórdão nº 9930914 de Court of Appeal of Porto (Portugal), 07 de Outubro de 1999
| Magistrado Responsável | SOUSA LEITE |
| Data da Resolução | 07 de Outubro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART394 N1 N2.
Sumário: I - No caso de invocação da simulação do negócio jurídico, celebrado através de documento autêntico ou particular, pelos próprios simuladores, a prova, quer do acordo simulatório, quer do negócio dissimulado, não pode ser efectuada através de testemunhas, donde decorre, portanto, que a aludida prova apenas possa ter lugar através da confissão ou de documento. II - Revestindo a existência de justa causa a natureza de conceito indeterminado, apenas determinável em face do caso concreto, será uma justa causa...
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