Acórdão nº 087506 de Supremo Tribunal Administrativo (Portugal), 31 de Janeiro de 1996 (caso None)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 31 de Janeiro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO122 PAG219 MANUAL 2ED PAG409. P COELHO RLJ ANO93 PAG19. A CASTRO LIÇ VOLIII 1966 PAG425.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART249 ART344. CPC67 ART164 N1 ART165 N1 ART201 N1 ART205 N1 ART616 N4 ART646 ART712 N2 N3 ART721 N2 ART722 N2 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1991/02/21 IN BMJ N404 PAG411. AC STJ DE 1991/03/20 IN BMJ N405 PAG389. AC STJ DE 1991/11/14 IN BMJ N411 PAG549. AC STJ DE 1992/01/28 IN BMJ N413 PAG554. AC STJ DE 1993/04/15 IN CJ SUP1993 TII PAG61. AC STJ DE 1994/07/07 IN CJ SUP1994 TIII PAG47. AC STJ DE 1988/01/26 IN BMJ N373 PAG483. AC STJ DE 1988/09/28 IN BMJ N379 PAG566.
Sumário : I - O Supremo Tribunal de Justiça tem de aceitar os factos fixados pela Relação, só os podendo alterar nas hipóteses da parte final do n. 2, do artigo 722, do Código de Processo Civil, assim como também não pode sindicar o não uso por esse tribunal das faculdades do artigo 712 do mesmo Código, mas apenas se ela, a fazer uso delas, o fez dentro do condicionalismo legal. II - Só a Relação é que pode anular a decisão do Colectivo quando repute deficientes, obscuras ou contraditórias as respostas aos quesitos, e não entre essas respostas e a especificação, decisão que o Supremo Tribunal não pode censurar. III - Não há inversão do ónus da prova em caso de extrema dificuldade de a fazer por parte do Autor, pois não está abrangida esta hipótese no artigo 344 do...
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