Acórdão nº 076926 de Supremo Tribunal de Justiça (Portugal), 27 de Abril de 1989
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 27 de Abril de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. REVISTA.
Decisão: DESERÇÃO. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM / DIR CONTRAT.
Legislação Nacional: CCIV867 ART1105 ART1567. CCIV66 ART289 ART371 ART376 ART383 ART410 N1 ART939 ART1714 N2 ART1789 N1. DL 496/77 DE 1977/11/25. CSS86 ART1. CPC67 ART567.
Sumário : I - O principio da imutabilidade do regime de bens do casamento inicialmente fixado por lei ou pelos nubentes, respondendo a exigencias de protecção dos interesses de cada um dos conjuges, face ao ascendente do outro, compreende a alteração desse regime directa ou indirectamente, isto e, atraves da modificação da convenção antenupcial ou mediante contratos de compra e venda ou de sociedade que implique responsabilidade ilimitada de ambos os conjuges (artigos 1714 do Codigo Civil de ambos os e 8 do Codigo das Sociedades Comerciais). II - A proibição de contratos de compra e venda entre casados deve, pela mesma razão, estender-se aos correspondentes contratos-promessa e, por força do artigo 939 do Codigo Civil, aos contratos de troca e de promessa de troca. III - A violação da norma imperativa do artigo 1714, n. 2, do Codigo Civil implica nulidade, e não mera anulabilidade, por estarem ai em jogo interesses publicos cuja tutela importa salvaguardar. IV - E, pois, nulo o contrato-promessa de troca e partilha...
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