Acórdão nº 96B734 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1997
| Magistrado Responsável | FIGUEIREDO DE SOUSA |
| Data da Resolução | 15 de Maio de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS. DIR PROC CIV - RECURSOS. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CCIV66 ART240 ART261 ART874 ART1287. CPC67 ART713 N5 N6 ART726 ART729. LOTJ87 ART29.
Sumário : I - São elementos da simulação a divergência entre a declaração negocial e a vontade real do declarante, o intuito de enganar terceiros e o acordo entre aquele e o declaratário. II - Tais elementos são matéria de facto. III - A eficácia real de um negócio (no caso, compra e venda) resulta directamente da lei. IV - Assim não se pode falar...
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