Acórdão nº 9850535 de Court of Appeal of Porto (Portugal), 08 de Junho de 1998 (caso NULL)
Magistrado Responsável | PAIVA GONÇALVES |
Data da Resolução | 08 de Junho de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 385/88 DE 1988/10/25 ART33 ART35 N5 ART36 N1 ART40. CPC67 ART28 N2. CCIV66 ART406 N1.
Jurisprudência Nacional: AC RP DE 1978/07/20 IN BMJ N280 PAG386. AC RP DE 1984/03/15 IN CJ T2 ANOIX PAG218.
Sumário: I - Tendo a ré demonstrado que o objecto do contrato de parceria agrícola ( em que ela figura como parceira cultivadora ) abrange um outro prédio, e não apenas o que fora transmitido aos autores pela primitiva dona ( parceira proprietária ), não é lícito exigir a comparência da ré no cartório notarial para reduzir a escrito um contrato com objecto não coincidente com aquele que fora verbalmente acordado, pelo que a culpa pela não redução a escrito do contrato cabe apenas à parceira proprietária, do que resulta dever a instância ser...
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