Acórdão nº 076965 de Supremo Tribunal de Justiça (Portugal), 15 de Fevereiro de 1989
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 15 de Fevereiro de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATERIA DE FACTO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV. DIR COM - TIT CREDITO.
Legislação Nacional: CCIV66 ART217 N1 ART236 N1 N2 ART238 ART393 N1 ART840 N2 ART859 ART860 ART861. CPC67 ART729 N3. DL 124/77 DE 1977/04/01. DL 125/79 DE 1979/05/10 ART10 N5 ART15 N3. DL 215/80 DE 1980/07/09. DL 251/81 DE 1981/08/29. DL 120/83 DE 1983/03/01 ART11. DL 270/76 DE 1976/04/08. DL 177/86 DE 1986/07/02.
Sumário : I - Constitui materia de direito a interpretação das declarações negociais, desde que se trate de averiguar se as instancias fizeram correcta aplicação dos criterios interpretativos fixados na lei. II - As excepções constantes da parte final do n. 1 e do n. 2 do artigo 236 do Codigo Civil, para poderem ser aplicadas necessitam do correspondente suporte em materia de facto. III - Alegados factos que não foram apreciados nas instancias e que podiam influir na determinação da vontade dos contraentes, designadamente, se com um contrato de assistencia, quizeram extinguir as obrigações derivadas...
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