Acórdão nº 073985 de Supremo Tribunal Administrativo (Portugal), 14 de Outubro de 1986
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 14 de Outubro de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART277 N1 ART410 ART808 N1 N2 ART1157 ART1178 N2. CPC67 ART664 ART684 N2 N3. CNOT67 ART89 A.
Jurisprudência Nacional: AC STJ DE 1970/01/30 IN BMJ N193 PAG319.
Sumário : I - Os recursos destinam-se a reapreciar questões ja decididas e não a decidir questões novas, pois visam modificar decisões e não a emitir juizos de valor sobre materia nova, salvo se for do conhecimento oficioso. II - A - Um escrito que contenha a designação de "solicitação", mostrando-se assinado pelas partes a que respeita e aceitando elas o seu teor e que insira uma promessa de venda, não se trata de mera "solicitação" ou proposta, mas sim de efectivo contrato que finalizou as negociações havidas, dada a perfeição das negociações convergentemente assumidas, dado que o juiz, nos termos do artigo 664 do Codigo de Processo Civil, não esta adstrito a qualificação juridica feita pelas partes: B - As minutas, embora vulgarmente sejam assimiladas a rascunhos ou apontamentos, são juridicamente, os documentos que formalizam o andamento das negociações, delas resultando os pontos em que ainda não foi conseguido acordo, apresentando inquestionavel importancia na formação progressiva dos contratos; C - A pessoa que assinou um escrito instrumento de um contrato-promessa, no local destinado a assinatura do promitente vendedor, mesmo que se trate de um mero vendedor deste, estando por ele mandatado e portanto autorizado e subscreve-lo como mandatario ou comissario...
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