Acórdão nº 98A701 de Supremo Tribunal de Justiça (Portugal), 20 de Outubro de 1998
| Magistrado Responsável | ARAGÃO SEIA |
| Data da Resolução | 20 de Outubro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR TRIB - DIR FISC.
Legislação Nacional: CCIV66 ART219 ART236 ART237 ART280. CIVA84 ART19 N1 N2 ART35 N5.
Sumário : I - Está-se, perante um contrato atípico, indirecto, do tipo legal do contrato de consórcio, quando o tipo contratual escolhido, embora tenha uma função típica diferente do fim prosseguidor e hábil, tal como está, para a prossecução, além do seu fim típico, também, do fim indirecto. II - No contrato atípico privado, prevalece a regra da liberdade da forma. III - Na repartição dos lucros, em sede desse contrato, e na ausência de prova de que o contrário tenha sido convencionado, a participação de cada um dos dois...
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