Acórdão nº 98A1003 de Supremo Tribunal de Justiça (Portugal), 20 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | FRANCISCO LOURENÇO |
Data da Resolução | 20 de Janeiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 ART874 ART879. CPC95 ART684 N1 N4 ART712 N1 ART722 N2 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1992/02/06 IN BMJ N414 PAG413. AC STJ DE 1994/06/01 IN BMJ N438 PAG456. AC STJ DE 1994/10/24 IN BMJ N440 PAG492. AC STJ DE 1998/01/20 IN CJSTJ ANOVI TI PAG19.
Sumário : I - O Supremo pode sindicar as presunções judiciais tiradas pela Relação no que respeita a saber se as ilações tiradas alteram ou não os factos provados e se são ou não a consequência lógica dos factos apurados. II - O supremo pode e deve apreciar se o uso das presunções judiciais importa ou não, designadamente, a violação do n. 1 do artigo 712 do CPC. III - No início dos factos constitutivos do direito alegado, cuja prova cabe ao autor, cabem apenas os factos destacados na norma que serve de fundamento ao direito invocado pelo requerente. IV - Pretendendo o autor obter a condenação do réu no pagamento de parte do preço de uma...
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