Acórdão nº 97A524 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1997 (caso NULL)
Magistrado Responsável | MACHADO SOARES |
Data da Resolução | 28 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART221 ART236 ART238 ART393 N3 ART410 N2. CNOT67 ART89 P.
Jurisprudência Nacional: AC STJ DE 1972/03/18 IN BMJ N219 PAG225. AC RP DE 1982/10/14 IN CJ ANOVII TIV PAG239.
Sumário : I - A interpretação das declarações negociais constitui matéria de facto da competência das instâncias, podendo, todavia, o Supremo exercer censura sobre o resultado interpretativo sempre que, tratando-se do caso previsto no artigo 236 n. 1 do CCIV66, esse resultado não coincida com um sentido que um declaratário normal, colocado na posição do real declaratário, pudesse deduzir do comportamento do declarante, ou tratando-se da situação hipotizada no artigo 238 n. 1 do mesmo diploma, não tenha um mínimo de correspondência no texto do documento, ainda que imperfeitamente expresso. II - Constando do contrato-promessa formal de partilhas, entre marido e mulher, na sequência de divórcio, que a este são atribuídos os bens comuns aí discriminados, e àquele os restantes bens comuns, o que foi confirmado na respectiva escritura de...
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