Acórdão nº 98A028 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1998 (caso None)
| Magistrado Responsável | CESAR MARQUES |
| Data da Resolução | 17 de Junho de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART216 N3 ART220 ART286 ART289 N1 N3 A ART1273 N1 N2. CPC67 ART664 ART668 N1 E ART729 N2. RAU90 ART7 N2 B ART64 N1 A.
Jurisprudência Nacional: ASS STJ DE 1995/03/28 IN BMJ N445 PAG670.
Sumário : I - Atento o disposto no artigo 729, n. 2, do CPC, e não se verificando o caso excepcional previsto no artigo 722, n. 2, do mesmo diploma, o STJ apenas tem de atender aos factos materiais que se encontrem assentes. II - O juiz não está sujeito às alegações das partes no tocante à indagação, interpretação e aplicação das regras de direito. III - Quando, para evitar o detrimento da coisa, não...
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