Acórdão nº 082675 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1993
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 09 de Março de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: REVOGADA A DECISÃO. MANDADA AMPLIAR A MATÉRIA DE FACTO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART729 ART1160. CCIV66 ART236 ART801 ART857.
Jurisprudência Nacional: AC STJ DE 1988/06/01 IN BMJ N378 PAG707.
Sumário : I - Para que se possa falar de extinção por novação da primeira obrigação, é necessário que haja essa vontade - animus novandi - por parte dos contraentes e que, segundo o artigo 859 do Código Civil a vontade de contrair a nova obrigação em substituição da outorga, seja expressamente manifestada. II - Investigar e fixar a vontade real das partes é matéria de facto; interpretar e fixar juridicamente o sentido jurídico da declaração negocial de harmonia com os critérios legais, é matéria de direito. III - Ofende o disposto no artigo 236 do Código Civil a decisão da Relação de prescindir da prova do conteúdo do articulado da vontade real das partes e decidir apenas pela interpretação nos termos em que...
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