Acórdão nº 0006322 de Court of Appeal of Lisbon (Portugal), 20 de Fevereiro de 1997
Data | 20 Fevereiro 1997 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART268 ART289.
Sumário: I - A ratificação é uma declaração unilateral de vontade de natureza receptícia, pelo que só produz os seus efeitos quando é recebida por aquele a quem se dirige. II - A ineficácia stricto sensu e as invalidades (nas suas variantes de nulidade, anulabilidade e inexistência) integram-se no género mais amplo da ineficácia lato sensu. III - Enquanto nas invalidades há sempre um vício que atinge a estrutura interna do contrato, na ineficácia stricto sensu nada há que inquire essa estrutura interna, ficando apenas suspensos os efeitos exteriores do contrato. IV - Na ineficácia negocial o regate é similar ao das invalidades absolutas: qualquer contraente pode requerer a declaração judicial da ineficácia do contrato. V - O regime do art. 268 do CC é o seguinte: a) celebrado o contrato, ele é ineficaz antes de o gerido o ratificar; b) o outro contraente...
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