Acórdão nº 084935 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 05 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR SEG SOC. DIR PROC CIV.
Legislação Nacional: CPC67 ART660 N2 ART664 ART668 N1 C D ART722 N2. CCIV66 ART224 ART255 N1 ART767 ART801 N1 ART863 N1 ART1248. DL 260/76 DE 1976/04/08 ART2 ART3 ART12 ART13 ART30 ART33 ART38. DL 138/85 DE 1985/03/05 ART4 N2 N3 ART8 N2.
Sumário : I - Não ocorre a nulidade da alínea c) do n. 1 do artigo 668 do Código de Processo Civil se a contradição apenas respeita às premissas, entre si, que estiveram na base da decisão, e não a esta relativamente às premissas. II - Também não ocorre a nulidade da segunda parte da alínea d) do n. 1 do mesmo artigo 668, quando o acórdão da Relação se ocupou de matéria suscitada na contestação e na alegação da recorrida, ainda que, ao manter a decisão da 1. Instância, se tenha servido de razões jurídicas diversas das que dela contavam. III - Quando uma empresa em liquidação faz um acordo com um seu ex-trabalhador, comprometendo-se a pagar-lhe vitalíciamente uma pensão complementar da que lhe vinha sendo atribuída pela segurança social, a natureza da obrigação assim contraída não corresponde a prestação...
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