Acórdão nº 087785 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1996
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 05 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLIII 2ED PÁG116 VOLI 4ED PÁG299. A COSTA OBG 5ED PÁG236. A REIS COM VOL3 PÁG99.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART227 ART286 ART334 ART1311. RAU90 ART7 N2 B. CPC67 ART274 N2 ART456 N2 ART467 N1 D ART469.
Jurisprudência Nacional: AC STJ DE 1973/03/20 IN BMJ N225 PAG196. AC STJ DE 1974/12/17 IN BMJ N242 PAG257. AC STJ DE 1991/07/11 IN BMJ N409 PAG735.
Sumário : I - Não constitui abuso de direito invocar a nulidade decorrente da inobservância de forma legalmente prescrita para o arrendamento comercial, a menos que os Autores, intencionalmente, com falsa consciência, tivessem convencido os Réus que prescindiam de escritura pública e que não se prevaleceriam da nulidade, o que não se provou. II - Também não se verifica culpa na formação do contrato, pré-contratual, pois tal responsabilidade não se mostra assente em dados de facto convincentes, uma vez que a causa da invalidade do negócio por falta de formalização era do conhecimento de todos os contraentes. III - Os Réus defenderam-se com a...
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