Acórdão nº 0012321 de Court of Appeal of Lisbon (Portugal), 11 de Março de 1997
| Magistrado Responsável | PINTO MONTEIRO |
| Data da Resolução | 11 de Março de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: PROF. MOTA PINTO IN "TEORIA GERAL DO DIREITO CIVIL" 3ED PAG471.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 ART240 ART241 ART351 ART394 N2 ART1022 ART1029 N3 ART1133 ART1135.
Jurisprudência Nacional: AC RP DE 1984/01/26 IN CJ T1 PAG231.
Sumário: I - O que caracteriza o contrato de comodato é a sua gratuitidade. Estando provado que os Autores a quando da celebração do contrato exigiram à ré mulher o pagamento de uma soma de dinheiro pela utilização da loja, houve uma exigência de contraprestação, pelo que não se está perante um contrato de comodato. II - Poderá questionar-se que não está provado o intuito de enganar terceiros (elemento integrador da simulação); embora as regras da experiência levem a concluir que há a intenção de lesar o fisco. III - Em sede de interpretação (art. 236 CC) terá de concluir-se que os contraentes não...
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