Acórdão nº 076735 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1989
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 17 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ A101 P269 A110 P85 P383 A111 P3 A113 P121. P LIMA A VARELA CCIV ANT V1 P234 P237. M ANDRADE NOCÕES ELEMN DE PC PAG48.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCOM888 ART224 ART225 ART226 ART227 ART228 ART229. CCIV66 ART12 ART240 ART244 ASRT245 ART246 ART247 ART280 ART294 ART359 N1 ART362 ART363 ART373 ART374 N1 ART376 ART392 N2 ART394 N1 N2 ART980. CCIV867 ART1031 PARUNICO. CPC67 ART664 N4 ART667 N1 N2 ART668 N1 L ART671 ART673 ART684 N2 N3 ART1131. CPC39 ART542 ART621. CPC61 ART617 N2. DL 23422 DE 1933/12/29 ART1. DL 231/81 DE 1981/07/21. L 2125 DE 1965/03/20. DL 48547 DE 1968/08/27.
Jurisprudência Nacional: AC STJ DE 1977/01/25 IN BMJ N263 PAG232. AC STJ DE 1979/10/23 IN BMJ N290 PAG313. AC STJ DE 1976/03/16 IN BMJ N255 PAG177 RLJ ANO110 PAG67. ASS STJ DE 1950/05/10 IN BMJ N19 PAG310. ASS STJ DE 1988/02/02 IN BMJ N374 PAG79.
Sumário : I - Tem-se por reconhecida a autoria de um documento particular cuja assinatura não sofreu impugnação. II - Esse documento, em principio, esta dotado de força probatoria plena. III - O n. 2 do artigo 376 do Codigo Civil encerra apenas uma presunção derivada das regras da experiencia de que quem afirma factos contrarios aos seus interesses o faz por saber que são verdadeiros. IV - Tal presunção não possui um valor absoluto podendo, por isso, o declarante provar que a sua declaração não corresponde a sua vontade real ou que foi afectado por algum vicio do consentimento, recaindo sobre ele o onus dessa prova. V - Para se ter um negocio por simulado e necessaria a concorrencia dos seguintes requisitos: divergencia entre a vontade real e a vontade declarada; intuito de enganar terceitos; acordo simulatorio. VI - A prova de qualquer vicio da vontade que afecte o referido documento pode...
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