Acórdão nº 084894 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1994 (caso NULL)
Magistrado Responsável | MARTINS DA FONSECA |
Data da Resolução | 11 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E VARELA CCIV ANOTADO VOLI PÁG3271. H MESQUITA RLJ ANO125 PÁG18. A REIS COMENTÁRIO AO CPC VOLI PÁG132.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART52 ART53 ART204 N1 ART238 ART240 N1 ART286 ART342 N2 ART349 ART351 ART371 N1 ART1714. CPC67 ART65 N1 A B ART646 N3 ART722 N2 ART1096 F.
Jurisprudência Nacional: AC STJ DE 1987/02/05 IN BMJ N364 PAG796.
Sumário : I - Tendo-se formado caso julgado sobre o despacho que admitiu a audição de testemunhas o Supremo Tribunal de Justiça não pode pronunciar-se sobre se era admissível prova testemunhal . II - Uma coisa é a competência dos Tribunais portugueses para conhecer de certa questão, e outra bem diferente é a de saber qual o direito aplicável. III - Sendo os factos praticados em Portugal, a lei portuguesa é a competente para resolver a relação jurídica controvertida. IV - O conceito de negócio simulado está explicítamente formulado no n. 1 do artigo 264 do Código Civil, sendo os elementos integrantes de tal conceito os constantes do referido preceito. V - Na simulação há um desacordo intencional entre a verdade real e a declarada, o que a diferencia do erro obstáculo. VI - O recurso às presunções é proibido quando esteja em causa a...
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