Acórdão nº 061486 de Supremo Tribunal de Justiça (Portugal), 06 de Junho de 1967
| Magistrado Responsável | TEIXEIRA DE ANDRADE |
| Data da Resolução | 06 de Junho de 1967 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV867 ART10 ART643 ART1031 PARUNICO ART1455. CPC61 ART526 N1N2 ART617. CCIV66 ART240.
Jurisprudência Nacional: ASS DE 1950/05/10 IN DG 93 IS 1950/05/20. ASS DE 1952/07/23 IN BMJ N32 PAG151.
Sumário : I - Para a simulação e consequente nulidade do negocio simulado não e necessario o intuito de prejudicar terceiros, simples requisito da legitimidade destes na acção anulatoria, bastando a simples intenção de enganar, ja que o contrato e nulo simplesmente por lhe faltar o real mutuo consenso dos contraentes. II - A falta de mutuo consenso, como requisito de simulação, reporta-se ao acordo contratual, e não ao acordo ou conluio simulatorio. III - A aplicação do artigo 1455 do Codigo Civil a uma compra e venda ficticia dissimulando uma doação onerosa pressupõe que os contraentes fixaram o valor do objecto alienado e declararam que uma parte dele era vendida por certo preço e a parte...
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