Acórdão nº 002038 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1988
| Magistrado Responsável | LICINIO CASEIRO |
| Data da Resolução | 09 de Dezembro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART224 ART236 N1 N2. LCT69 ART98 N1 C N3 ART101 ART103 ART106. DL 49408 DE 1969/11/24 ART7. PORT 235/71 DE 1971/05/04 ART3 ART260 ART261 N1 E ART262 N1. DL 372-A/75 DE 1975/07/16 ART34 N1.
Sumário : I - O sentido de declaração negocial deve coincidir com o que seria apreendido por um declaratario normal, isto e, medianamente instruido e diligente colocado na posição de declaratario real, em face do comportamento do declarante. II - O artigo 106 da L.C.T. consigna o principio de que a parte que beneficia de justa causa de rescisão, não so pode rescindir...
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