Acórdão nº 080377 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1992
| Data | 15 Dezembro 1992 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART221 N1 ART222 N1 ART236 N2 ART238 N2 ART239 ART247 ART292 ART405.
Sumário : I - O erro na declaração ou obstáculo, além da sua essencialidade e conhecimento ou cognoscibilidade da outra parte, exige que determinada declaração não coincida com a intenção do seu autor, devido a lapso, isto é, julga dizer uma coisa e diz objectivamente outra. Há, pois, a necessidade da existência de dois pontos:uma vontade real e uma declaração negocial divergentes. Porém, no contrato em causa - extinção de sociedade irregular - não se verifica qualquer erro, porque não existe nenhuma declaração relativamente ao andar em questão, que o Autor diz terem acordado ser seu, que explique essa divergência. II -...
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