Acórdão nº 088421 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1996
| Magistrado Responsável | MARTINS DA COSTA |
| Data da Resolução | 16 de Abril de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART220 ART227 ART334 ART410 N3 ART456 N2. CPC67 ART456 N2 ART690 N1 ART722 N2.
Jurisprudência Nacional: ASS STJ DE 1994/06/28 IN DR IS 1994/10/12. ASS STJ DE 1995/02/01 IN DR IS 1995/04/22.
Sumário : I - A nulidade por falta de forma do negócio, quando for de conhecimento oficioso, não pode, em princípio, ser afastada com fundamento em abuso de direito de algum dos contraentes (artigos 220, 227 e 334 do CCIV66). II - Isso não ocorre no caso de omissão das formalidades previstas no artigo 410 n. 3 do mesmo...
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