Acórdão nº 9550436 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1996
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 22 de Janeiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART240 N2 ART288 ART616.
Jurisprudência Nacional: AC STJ DE 1973/10/30 IN BMJ N230 PAG103.
Sumário: I - Se o devedor realizar um acto nulo os credores podem escolher entre a declaração de nulidade ou a impugnação pauliana. II - O tribunal pode declarar oficiosamente a nulidade do negócio jurídico ( segundo o artigo 240 n.2 do Código Civil, negócio simulado é nulo ), mas o tribunal não dispõe de idêntico poder quanto aos efeitos do negócio nulo, nomeadamente aqueles que se caracterizam pela disponibilidade. III - Os efeitos da nulidade vêm fixados no artigo 288 do Código Civil e os efeitos da impugnação pauliana vêm estabelecidos no artigo 616 do mesmo Código. IV - Segundo esta última norma é...
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