Acórdão nº 083756 de Supremo Tribunal de Justiça (Portugal), 16 de Dezembro de 1993
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 16 de Dezembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG / DIR RESP CIV.
Legislação Nacional: CPC67 ART659 N2 ART666 N2 ART667 N1 ART722 N2 ART729 N1 N2. CCIV66 ART9 N1 ART227 ART247 ART249 ART251 ART252 N1 N2 ART437 ART483 ART487 ART498 ART799 N1. LOTJ87 ART29.
Jurisprudência Nacional: AC STJ DE 1981/03/19 IN BMJ N305 PÁG230. AC STJ DE 1989/01/13 IN BMJ N383 PÁG462. AC STJ DE 1991/05/29 IN RLJ ANO124 PÁG106. AC STJ DE 1972/03/14 IN BMJ N215 PÁG239. AC STJ DE 1978/06/08 IN BMJ N278 PÁG165. AC STJ DE 1990/10/31 IN BMJ N400 PÁG591. AC STJ DE 1990/12/05 IN BMJ N402 PÁG500.
Sumário : I - Há erro material, para efeitos dos artigos 666 n. 2 e 667 n. 1 do Código de Processo Civil de 1967, quando o juiz, ostensivamente, escreve ou deixa de escrever coisa diversa do que queria escrever. II - O artigo 249 do Código Civil de 1966, relativo ao erro de escrita ou de cálculo, contém um princípio de alcance geral, aplicável não só aos negócios jurídicos como às peças processuais. III - Saber se os factos alegados e provados integram erro sobre o objecto do negócio ou erro sobre a base negocial é questão de qualificação jurídica que ao tribunal incumbe fazer sem ofensa do princípio dispositivo consagrado...
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