Acórdão nº 96B054 de Supremo Tribunal de Justiça (Portugal), 26 de Setembro de 1996 (caso NULL)
| Magistrado Responsável | MARIO CANCELA |
| Data da Resolução | 26 de Setembro de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART646 N4 ART712. CCIV66 ART10 ART428 N1 ART913.
Sumário : I - Constitui matéria de direito, dentro dos poderes de apreciação do Supremo, a questão de saber se determinada resposta a um quesito excedeu o âmbito da respectiva pergunta e se a Relação podia ter por não escrita a segunda parte da resposta dada com fundamento no excesso. Se, ao ter essa parte por não escrita, a Relação actuou com fundamento de a parte da resposta em causa se reportar a factos não articulados pelas partes, a sua actuação foi correcta. II - Tendo a empresa - autora vendido à empresa - ré um empilhador que veio a revelar-se com defeitos abrangidos pela respectiva...
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