Acórdão nº 97A538 de Supremo Tribunal de Justiça (Portugal), 07 de Outubro de 1997 (caso NULL)
Magistrado Responsável | TOME DE CARVALHO |
Data da Resolução | 07 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART661 N1 ART668 N1 C D. CCIV66 ART494 ART496.
Jurisprudência Nacional: AC STJ DE 1988/10/21 IN BMJ N380 PAG444. AC STJ DE 1988/01/19 IN BMJ N373 PAG509.
Sumário : I - A nulidade do artigo 668 n. 1 alínea c) do CPC67 consiste num vício puramente lógico do discurso judicial e não um erro de julgamento. II - A nulidade do artigo 668 n. 1 alínea d) do mesmo Código (omissão de pronúncia) só se verifica quando o juiz deixa de se pronunciar sobre questões que lhe foram submetidas pelas partes ou de que devesse conhecer oficiosamente, entendendo-se por questões os problemas concretos a decidir e não os simples argumentos, opiniões ou doutrinas expendidas pelas partes. III - Os limites da condenação contidos no artigo 661 n. 1 do dito Código são referidos ao pedido global e não às parcelas em que o mesmo se pode desdobrar. IV - Fundando-se a responsabilidade do Estado por acidente de viação na negligência grosseira do...
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