Acórdão nº 079548 de Supremo Tribunal de Justiça (Portugal), 26 de Fevereiro de 1991 (caso NULL)
Magistrado Responsável | MARQUES CORDEIRO |
Data da Resolução | 26 de Fevereiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT. DIR PROC CIV.
LegislaÁ„o Nacional: CCOM888 ART476. CPC67 ART193 N4 ART470 N1 ART710 N1 ART726 ART729 N3 ART1016 N4. CCIV66 ART342 ART343 ART349 ART798 ART804 ART805.
Sum·rio : I - Tendo em conta que na clausula 1 de um contrato se diz que a Autora entrega e factura a Re todos os livros escolares que possui e que a referencia a factura e usada quase sempre na compra e venda mercantil (artigo 476 do Codigo Comercial), tal contrato sera qualificavel como contrato de compra e venda. II - No entanto, tal qualificaÁ„o n„o e possivel na medida em que, na clausula 5 do mesmo contrato, as partes acordaram na distribuiÁ„o de lucros, se os houvesse, entre si e uma terceira sociedade comercial, para alem do pagamento de certa quantia em contrapartida da entrega dos livros. III - Se o contrato n„o e de compra e venda, n„o e tambem de consignaÁ„o, atento o facto de a repartiÁ„o dos lucros ser feita aqui apenas...
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