Acórdão nº 98A795 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1998 (caso NULL)
Data | 15 Dezembro 1998 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CARVALHO FERNANDES IN TEORIA GERAL II PAG238. ANA PRATA IN CONTRATO PROMESSA PAG651.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CCIV66 ART351 ART394 N2 ART805 N2 A.
Jurisprudência Nacional: AC STJ DE 1993/07/06 IN BMJ N429 PAG761. AC STJ DE 1998/01/20 IN CJSTJ ANOVI TI PAG19.
Sumário : I - A proibição de prova prevista no artigo 394, n. 2, do C.C. respeita, apenas, ao recurso à prova testemunhal, ou por presunções judiciais, do artigo 351 daquele diploma substantivo, como meio de prova exclusivo, do acordo simulatório, ou de negócio dissimulado. II - É admissível, pois, a prova testemunhal como prova complementar, sobretudo da prova documental, que aquele preceito não afasta. III - Assim, sempre que haja um documento escrito, ou até confissão, que constitua um começo da prova da existência da simulação, e que torne verosímil aquela, nada impede o recurso à prova testemunhal, como meio adjuvante daquele. IV - Acertado que está a existência da simulação do...
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