Acórdão nº 085731 de Supremo Tribunal de Justiça (Portugal), 04 de Outubro de 1994 (caso NULL)
Data | 04 Outubro 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: A REIS ANOI VOLVI PAG352. R BASTOS NOTAS 2ED VOLIII PAG429. P FURTADO CSC 4ED PAG79.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART156 N2 ART675 N1 ART771 C G ART774 N2. CCIV66 ART362.
Jurisprudência Nacional: AC STJ DE 1975/04/18 IN BMJ N246 PAG103.
Sumário : I - A revisão de decisão transitada em julgado com fundamento em documento - artigo 771, alínea c) do Código de Processo Civil - não pode fundar-se numa outra decisão judicial, pois uma decisão judicial - sentença ou acórdão - não pode, de modo algum considerar-se um "documento" para os efeitos referidos nessa alínea c), pois não se encaixa na noção de documento dada pelo artigo 362, do Código Civil. II - O indeferimento liminar só pode ter lugar quando se reconheça logo que não há motivo para revisão - artigo 774, n. 2, do Código de Processo Civil. III - Ora, se há ou não uma decisão contrária a outra que...
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