Acórdão nº 082885 de Supremo Tribunal de Justiça (Portugal), 15 de Abril de 1993
Magistrado Responsável | COSTA RAPOSO |
Data da Resolução | 15 de Abril de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / DIR COM.
Legislação Nacional: CCIV66 ART220 ART289 N1. CNOT67 ART89 K.
Sumário : I - Tendo as partes celebrado, sem obediência à forma estabelecida (artigo 89-K) do Código do Notariado - escritura pública), um contrato de cessão de exploração de estabelecimento comercial, é nula a vontade negocial, por carecer da forma legalmente prevista (artigo 220 do Código Civil). II - A declaração de nulidade dos negócios jurídicos tem efeito retroactivo, devendo ser restituído tudo o que, por virtude delas, tiver sido prestado (artigo 289 n. 1...
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