Acórdão nº 086699 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1995 (caso NULL)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 23 de Março de 1995 |
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 CONTRAT.
Legislação Nacional: CPC67 ART158 N1 ART660 N2 ART668 N1 D ART722 N2 ART729 N3 ART730 ART731 N2. CCIV66 ART239 ART334 ART352 ART358 N2 N4 ART360 ART374 ART376 N1 N2 ART762 N2 ART802 N2 ART1027 ART1038 C F ART1093 N1 B F ART1108 N1 ART1109 N1 B.
Jurisprudência Nacional: AC STJ DE 1977/06/30 IN BMJ N268 PAG204. AC STJ DE 1980/03/06 IN RLJ ANO114 PAG278. AC STJ DE 1982/06/22 IN BMJ N318 PAG415.
Sumário : I - De harmonia com o disposto no artigo 660, n. 2 do Código de Processo Civil, o tribunal deve resolver todas as questões que as partes tenham submetido à sua apreciação, mas não tem que apreciar cada um dos argumentos ou razões aduzidos pelas partes em defesa da solução que pretendem para a questão cuja resolução venha pedida. II - Os documentos particulares provenientes de uma sociedade terceira, que não é parte no processo, embora dessa terceira sociedade seja sócio gerente alguém que também o é da sociedade ré, são apenas um elemento de prova a apreciar livremente pelo tribunal, porque, nos termos do disposto no artigo 376, n. 2, do Código Civil, as declarações contidas em documento particular só são eficazes plenamente em relação ao respectivo declarante, que não é a ré. III - Por outro lado, as declarações contidas naqueles documentos não são eficazes, como confissão, contra a ré porque a confissão é o reconhecimento feito pela própria parte de um facto que lhe é desfavorável (artigo 352 do Código Civil). IV - Se no contrato de arrendamento as partes não se limitaram a estabelecer, como fim, o género (arrendamento comercial), mas especificaram a espécie (galeria de arte) e as sub-espécies (comércio de quadros, esculturas, cerâmicas, tapecarias murais e antiguidades, com exclusão de quaisquer outros), ocorre desvio do fim quando a ré concede a uma terceira...
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