Acórdão nº 086479 de Supremo Tribunal de Justiça (Portugal), 09 de Maio de 1995 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 09 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: C MENDES DIR PROC CIV VOLII 1987 PAG757. L SOARES PROC CIV DECL 1985 PAG826. F PINTO LIÇ 1992 PAG221. V SERRA RLJ ANO110 PAG850.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART352 ART356 N1 ART374 ART375 ART376 ART428. CPC67 ART3 ART498 ART511 N1 ART517 ART659 N3 ART712 N2 B ART713 N2 ART729 N3.
Sumário : I - Face ao disposto no n. 3 do artigo 659 do C.P.C., aplicável a 2. instância, seu artigo 713, n. 2, na fundamentação da sentença ou acórdão, o julgador pode servir-se de factos, embora não especificados, estejam provados por confissão, o que não constitui matéria nova, visto ser o Réu que trouxe essa matéria de facto confessada na contestação, não havendo, por isso, violação do princípio do contraditório. II - Apesar de o documento escrito - recibo - pelo autor...
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