Acórdão nº 9140764 de Court of Appeal of Porto (Portugal), 12 de Maio de 1992
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 12 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART249.
Sumário: I - Só quando o erro - a que alude o artigo 249 do Código Civil - for ostensivo, patente, se compreende que haja lugar à sua rectificação. II - O artigo 249 do Código Civil é aplicável aos erros cometidos pelas próprias partes no decurso do processo. III - Tendo os autores alegado, em acção de restituição de posse relativa a um caminho de acesso à casa de cujo primeiro andar são arrendatários: " E assim, no passado mês de Outubro de 1989, os réus fecharam o dito portão com chave... ", não pode proceder a sua invocação posterior de pretenso...
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