Acórdão nº 97B011 de Supremo Tribunal de Justiça (Portugal), 23 de Abril de 1998
| Magistrado Responsável | HERCULANO NAMORA |
| Data da Resolução | 23 de Abril de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR COM. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: DL 171/79 DE 1979/06/06 ART19 C ART22 E ART24 E. CCIV66 ART240 ART280 N1 ART294 ART559-A ART934 ART1142 ART1146 N1 N3. DL 446/85 DE 1985/10/25 ART12 ART19 C ART23. PORT 339/87 DE 1987/04/24. PORT 1171/95 DE 1995/09/25. DL 262/83 DE 1983/07/16.
Sumário : I - Para a existência da simulação relativa torna-se necessária, além de outros pressupostos, a existência de conluio entre as partes e a existência de negócio dissimulado. II - É nula a cláusula de contrato de locação financeira que, para os casos de resolução do contrato por incumprimento do locatário, estipula que este fica obrigado a pagar uma indemnização de 20% da soma...
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