Acórdão nº 0000968 de Court of Appeal of Porto (Portugal), 18 de Fevereiro de 1982
Magistrado Responsável | OLIVEIRA DOMINGUES |
Data da Resolução | 18 de Fevereiro de 1982 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: M PINTO IN TGDC PAG423. V SERRA IN RLJ ANO101 PAG75 PAG269 ANO110 PAG85. P LIMA-A VARELA IN COD CIV ANOT V1 PAG234.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART238 ART240 N1 ART359 N1 ART376 ART393 N3 ART394. CPC61 ART617 N2 ART646 N3.
Sumário: I - Em sede de interpretação, é válido o sentido dado pelas partes à declaração negocial escrita, se ele corresponder à sua vontade real e se as razões determinantes da forma do negócio se não opuserem a a essa vontade. II - Isso é assim, mesmo quando um tal sentido, mercê da impropriedade das expressões usadas, não se mostre traduzido, nem sequer rudimentarmente, no respectivo documento. III - Fora dessa sede, o documento particular, que titula um contrato de arrendamento de prédio urbano, em que se...
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