Acórdão nº 9150080 de Court of Appeal of Porto (Portugal), 03 de Dezembro de 1991
| Magistrado Responsável | CARDOSO LOPES |
| Data da Resolução | 03 de Dezembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART511 N1 ART712 N2. CCIV66 ART240 N1.
Sumário: I - Não havendo, em regra, prova directa da simulação, quase sempre a prova tera que ser feita por meio de indicios ou presunções. II - Assim, por interessar a decisão da causa, devera ser quesitada a materia da petição inicial que contenha indicios da ocorencia dos requisitos da simulação ( cf. artigo 240, n. 1, do Codigo Civil ) ou de uma " causa simulandi " apropriada ( ou seja, do motivo ou interesse que determinou a simulação ). III - Nesta conformidade, para formulação de...
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