Acórdão nº 067924 de Supremo Tribunal de Justiça (Portugal), 19 de Junho de 1979
| Magistrado Responsável | SANTOS VICTOR |
| Data da Resolução | 19 de Junho de 1979 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLI PAG404.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART238 N1 ART289 N1 ART410 N1 N2 ART567 ART811. CNOT67 ART89 K. CPC67 ART489.
Jurisprudência Nacional: AC STJ DE 1978/03/29 IN BMJ N275 PAG206.
Sumário : I - A fixação da vontade real das partes é matéria de facto da competência exclusiva das instâncias, só podendo o Supremo censurar esse juízo se porventura ela não tivesse um mínimo de correspondência no documento, quando se trata de negócio formal, - artigo 238, n. 1 do C.C. II - Assim, o Supremo não pode censurar o julgamento da Relação no sentido de que as partes tiveram a intenção de outorgar, com o negócio em causa, um contrato de promessa de cessão de quotas e que esta integrava e significava, obviamente a cessão da exploração do recinto "Pavilhão Português" e "Salão Albramba"...
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