Acórdão nº 9620216 de Court of Appeal of Porto (Portugal), 10 de Julho de 1997
Magistrado Responsável | RAPAZOTE FERNANDES |
Data da Resolução | 10 de Julho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART249 ART909 ART915. CPC67 ART193 N2 A.
Jurisprudência Nacional: AC STJ DE 1978/06/08 IN BMJ N278 PAG165. AC RC DE 1983/04/19 IN BMJ N327 PAG703. AC RC DE 1987/01/27 IN BMJ N363 PAG612.
Sumário: I - O erro de cálculo ou de escrita a que alude o artigo 249 do Código Civil é apenas o erro ostensivo, patente, revelado no próprio contexto da declaração ou através das circunstâncias em que a declaração é feita. II - O cálculo a que o artigo 249 faz referência é o lógico, o lógico-jurídico e o matemático. Mas, como refere o artigo, terá o erro de cálculo ou de escrita ser revelado no próprio contexto da declaração ou através das circunstâncias em que a declaração é feita. III - O réu deve formular, com toda a clareza, o pedido reconvencional no articulado em que deduz a reconvenção. IV - A não...
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