Acórdão nº 083682 de Supremo Tribunal de Justiça (Portugal), 29 de Setembro de 1993 (caso NULL)
Data | 29 Setembro 1993 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC.
Legislação Nacional: CPC67 ART668 ART690 N1 ART712 N1 A ART716 N1 ART721 N1 ART722 N2 ART729 N2 ART731 N2. CCIV66 ART2187.
Jurisprudência Nacional: AC STJ DE 1989/06/15 IN BMJ N388 PAG418. AC STJ DE 1981/06/16 IN BMJ N308 PAG186. AC STJ DE 1987/11/19 IN BMJ N371 PAG361. AC STJ DE 1989/10/20 IN BMJ N390 PAG372. AC STJ DE 1988/09/28 IN BMJ N379 PAG566. AC STJ DE 1983/11/30 IN BMJ N331 PAG345. AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC STJ DE 1987/02/25 IN BMJ N364 PAG849.
Sumário : I - A censura que o Supremo Tribunal de Justiça pode fazer ao uso feito pela Relação dos poderes conferidos pelos ns 1 e 2 do artigo 712 do Código de Processo Civil - anulação da decisão do colectivo quando repute deficientes, obscuras ou contraditórias as respostas aos quesitos ou quando considere indispensável a formulação de outros -, só se justifica quando a relação, no âmbito da sua competência, tiver omitido o seu dever de examinar o vício alegado ou, ao contrário, exorbitado naquele uso. II - O Supremo Tribunal de Justiça não pode censurar a Relação por não ter alterado as respostas dadas aos quesitos quando, para tal censura, tiver de entrar na apreciação de provas (testemunhal e documental) e na fixação de factos materiais...
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