Acórdão nº 98B574 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1998
Magistrado Responsável | SILVA GRAÇA |
Data da Resolução | 29 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART242 ART243 ART280 N1 ART286 ART342 N2 ART371 N1 ART401 N1 ART416 ART1410. CPC67 ART664 ART665 N1. L 63/77 DE 1977/08/25 ART3. DL 321-B/90 DE 1990/10/15 ART2 N1. DL 68/96 DE 1996/05/31 ART1.
Jurisprudência Nacional: AC STJ DE 1970/01/30 IN BMJ N193 PAG319. AC STJ DE 1969/07/14 IN BMJ N188 PAG160. AC RC DE 1995/12/12 IN CJ VOLV PAG64. AC STJ DE 1993/03/17 IN BMJ N425 PAG564. AC RC DE 1993/03/23 IN BMJ N425 PAG629. AC RC DE 1993/04/20 IN BMJ N426 PAG531 AC RC DE 1994/06/07 IN BMJ N438 PAG558. AC RC DE 1994/10/18 IN BMJ N440 PAG553.
Sumário : I - A causa de pedir é o facto concreto que serve de fundamento ao efeito jurídico pretendido pelo Autor, não sendo pois integrada pela qualificação técnico-jurídica que o Autor dá aos factos alegados. II - Assim, goza o tribunal da liberdade de qualificar e valorar diversamente a hipótese material concretamente invocada como fundamento da demanda, faculdade que lhe é conferida pelo artigo 664 do CPC. III - A nulidade de um negócio jurídico por simulação é passível de conhecimento oficioso, se verificado o condicionalismo dos artigos 242, 243 e 286 do CCIV66. IV - Impende sobre a parte que solicita a redução de um dado negócio jurídico por simulação relativa o ónus de alegar e provar que o negócio não teria sido concluído sem a parte viciada. V - Não compete ao STJ sindicar a quesitação de uma dada matéria alegadamente não articulada pelas partes, se tal quesitação não foi oportunamente objecto de reclamação e se a Relação decidiu "ex-professo" que tal quesito traduziu com exactidão o sentido da alegação...
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