Acórdão nº 0085722 de Supremo Tribunal Administrativo (Portugal), 12 de Maio de 1994 (caso None)
Magistrado Responsável | CAMPOS OLIVEIRA |
Data da Resolução | 12 de Maio de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART240 ART393 N2 ART407 ART481 ART483 ART1022 ART1023. CPC67 ART659 N3 ART664. DL 188/76 DE 1976/03/12. DL 13/86 DE 1986/01/23.
Jurisprudência Nacional: AC STJ DE 1980/03/10 IN BMJ N295 PAG345.
Sumário: - O negócio é simulado e, por isso, nulo quando se verifiquem os requisitos estabelecidos na lei para que exista simulação: divergência entre a vontade real e a vontade declarada, intuito de enganar terceiros e acordo simulatório. - O intuito de enganar terceiros verifica-se no caso de ser celebrado um arrendamento com o fim de iludir o fisco e os serviços competentes da Câmara Municipal...
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