Acórdão nº 083651 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1995 (caso NULL)
Data | 02 Março 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VOLI PÁG344.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART456 N2 ART646 N4 ART722 N2. CCIV66 ART240 N1 N2 ART241 N1 ART376 ART394 N1 N2 ART464.
Sumário : I - O artigo 394, ns. 1 e 2 do Código Civil estabelece a inadmissibilidade da prova por testemunhas relativamente ao acordo simulatório e ao negócio dissimulado quando invocados pelos simuladores. II - Não indiciando os factos provados qualquer actuação concreta do réu na celebração do contrato, é-lhe lícito, em princípio, recorrer à prova testemunhal para procurar fazer a prova da simulação desse contrato. III - Sendo estranho à simulação, e nem mesmo sendo sujeito da relação material controvertida, naturalmente que pode sempre o Réu recorrer à prova testemunhal, quer em relação ao contrato de arrendamento, quer em relação ao contrato de subarrendamento. IV - A expressão "por conta de outrém" contida na resposta a um quesito, faz parte, por exemplo, do conceito da figura jurídica da gestão de negócios, prevista no artigo 464 do Código Civil. V - As expressões que são incluidas em conceitos de direito, também igualmente correspondem por vezes a situações de facto da vida real, e, por isso, não há qualquer obstáculo à...
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