Acórdão nº 082455 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1993 (caso NULL)
Magistrado Responsável | ZEFERINO FARIA |
Data da Resolução | 25 de Fevereiro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART208 ART722 N2. CCOM888 ART15. CCIV66 ART1691 N1 D.
Jurisprudência Nacional: AC STJ DE 1978/07/13 IN CJ ANOIII T4 PAG1456.
Sumário : I - Como Tribunal de revista que é, o Supremo não pode alterar a matéria de facto tida como apurada pelos Tribunais de instância, salvo nos casos excepcionais do n. 2 do artigo 722 do Código de Processo Civil. II - Não é nula a sentença em que o juiz, após anulação do primeiro julgamento consequente de irregularidade no cumprimento de uma deprecada e realizado novo julgamento em que resultou apurada a mesma matéria de facto, se limitou a dar como reproduzida a anterior. III - As dívidas comerciais do cônjuge comerciante presumem-se contraídas no exercício do seu comércio e são da...
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