Acórdão nº 98B632 de Supremo Tribunal de Justiça (Portugal), 23 de Setembro de 1998
| Magistrado Responsável | PEREIRA DA GRAÇA |
| Data da Resolução | 23 de Setembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CPC61 ART5 ART9 ART21. DL 100/84 DE 1984/03/29. DL 227/82 DE 1982/06/14 ART4. CCIV66 ART252 N2 ART333 ART437 N1. DRGU 71/82 DE 1982/10/26 ART4 ART7 ART8 ART9 ART11 ART14 ART23. D DE 1884/03/06. D 6742 DE 1927/05/07. L 1979 DE 1940/03/23. DL 392/76 DE 1976/05/25. DL 89/90 DE 1990/03/16 ART8 N2.
Sumário : I - A cláusula que estipule a cessação de um contrato de exploração de uma pedreira, decorrido o período inicial, apresenta-se como ferida de nulidade por contrariar expressamente as normas imperativas dos artigos 8 e 11 do Decreto Regulamentar 71/82 de 26 de Outubro com reporte ao artigo 4 do DL 227/82 de 14 de Junho. II - São elementos essenciais do contrato de exploração de pedreiras: - a exploração temporária, pelo período mínimo de três anos, de uma massa mineral (pedra), instalação e depósitos necessários à sua lavra; - a fixação de uma renda anual constituída por uma parte fixa - quantia certa - e por uma parte variável - matagem -...
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