Acórdão nº 073576 de Supremo Tribunal de Justiça (Portugal), 06 de Outubro de 1987
Magistrado Responsável | AURELIO FERNANDES |
Data da Resolução | 06 de Outubro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART217 N2 ART236 ART238 ART262 ART269 N2 ART280 N1 ART410 N2. CNOT67 ART89 I. LSQ ART6 PAR2. CCOM888 ART108.
Jurisprudência Nacional: AC STJ DE 1980/05/29 IN BMJ N297 PAG330. AC STJ DE 1982/07/06 IN BMJ N319 PAG310. AC STJ DE 1983/06/15 IN BMJ N328 PAG559. AC RP DE 1959/05/09 IN CJ T3 PAG959. ASS STJ DE 1963/09/01 IN BMJ N124 PAG414.
Sumário : I - A interpretação dos contratos constitui materia de facto, da exclusiva competencia das instancias, salvo se não tiver um minimo de correspondencia no texto das suas clausulas, nos termos dos artigos 236 e 238 do Codigo Civil. II - Tendo as instancias interpretado o contrato-promessa de cedencia de quotas, como outorgado pela sociedade Jorge Manuel de Oliveira, Lda., de que eram socios os Reus, e pelo autor, de acordo com o seu texto, em principio era a sociedade e não os Reus que prometeram a cessão das quotas, por conta da qual recebeu o sinal de 350000 escudos, nenhum dos seus socios tendo aposto as suas assinaturas no contrato, intervindo em nome da sociedade...
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