Acórdão nº 068559 de Supremo Tribunal de Justiça (Portugal), 19 de Maio de 1981
| Magistrado Responsável | AMARAL AGUIAR |
| Data da Resolução | 19 de Maio de 1981 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART220 ART221 N2 ART236 N1 ART238 ART286 ART559 ART805 ART806. CADM40 ART99 N7 ART102 ART363 N3 PARÚNICO ART364. DL 40768 DE 1956/03/08 ART18. CPC67 ART489 ART664 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1964/10/06 IN BMJ N140 PAG375. AC STJ DE 1978/01/19 IN BMJ N273 PAG209.
Sumário : I - A exigência da escritura pública, nos casos em que a lei a fez, tem como objectivo impedir, quando estejam em jogo interesses de monta, que as partes se obriguem leviana ou irreflectidamente. Daí o entender-se que as estipulações posteriores ao documento só estão sujeitas à forma legalmente prescrita para a declaração quando tornem mais onerosa a posição do devedor (artigo 221, n. 2 do Código Civil). O agravamento há-de resultar directamente da estipulação, não sendo de considerar quando surja como consequência de alteração...
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