Acórdão nº 0010831 de Court of Appeal of Lisbon (Portugal), 21 de Maio de 1996
Data | 21 Maio 1996 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: SOBRE A TRANSFERÊNCIA DA POSIÇÃO DO ARRENDATÁRIO - RUI ALARCÃO - IN BFDC XLVI - 1971 - N12.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 ART398 ART402 ART410 ART1022 ART1060 ART1085 ART1410.
Jurisprudência Nacional: AC STJ DE 1976/01/13 IN BMJ N253 PáG161. AC STJ DE 1979/10/16 IN BMJ N290 PáG374. AC STJ DE 1988/02/02 IN BMJ N374 PáG436. AC STJ DE 1985/07/18 IN BMJ N349 PáG471. AC STJ DE 1987/02/10 IN BMJ N364 PáG262. AC STJ DE 1989/04/27 IN BMJ N386 PáG477. AC STJ DE 1994/06/09 IN CJ ANOXIX TIII PáG115.
Sumário: I - O Tribunal de Recurso não deve conhecer de questões que não tenham sido suscitadas no tribunal recorrido e de que, por isso, este não cuidou, nem tinha que cuidar, a não ser que sejam do conhecimento oficioso. II - A qualificação de um contrato é operação subsequente à interpretação das declarações de vontade, dependendo de se saber qual foi a intenção das partes, o que elas quiseram, que conteúdo pretendiam impor às suas declarações, independentemente das qualificações feitas pelas partes. III - O art 236 do C. Civil consagrou a denominada teoria da impressão do destinatário, vindo privilegiar o sentido objectivo da declaração negocial temperado por um elemento de inspiração...
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