Acórdão nº 0069501 de Court of Appeal of Lisbon (Portugal), 25 de Maio de 1993
| Data | 25 Maio 1993 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART220 ART286 ART289 ART410 N2.
Sumário: É nulo, por falta de forma, o contrato-promessa verbal de constituição de uma sociedade destinada à exploração de uma sala de espectáculos. Logo, não pode o promitente que alega ter entregue sinal ao outro contraente pedir a restituição desse sinal pago, mesmo em singelo, com fundamento na frustração do contrato prometido, pois tal pressupõe a validade do contrato-promessa. Cabe, não obstante, o conhecimento oficioso da apontada nulidade do negócio jurídico, o qual se justifica...
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