Acórdão nº 076464 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1989
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 17 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA CCIV ANOTADO V1 4ED PAG269.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: L 77/77 DE 1977/09/29 ART54 N1. CCIV66 ART293 ART294 ART1631 A.
Sumário : I - Os negocios juridicos celebrados contra disposição legal de caracter imperativo são nulos, salvo nos casos em que outra solução resulte da lei - artigo 294 do Codigo Civil. II - Esta ressalva da norma pretendeu salvaguardar as disposições que fixcam a sanção da ineficacia stricto sensu ou de simples anulabilidade. III - Não se pode invocar o direito de preferencia com base num contrato verbal de parceria agricola que, nessa data, estava proibido pelo artigo 54, n. 1...
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