Acórdão nº 082190 de Supremo Tribunal Administrativo (Portugal), 14 de Janeiro de 1993 (caso None)
Data | 14 Janeiro 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA IN DAS OBRIGAÇÕES EM GERAL VII PAG77. A VARELA IN MANUAL DE PROC CIV 2ED PAG428.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CPC67 ART668 N1 B ART722 N2 ART729 N2 N3. CCIV66 ART6 ART405 ART406 N1 ART489 N2 ART551 ART566 N2 ART790 ART791 ART795 N1 ART798 ART801 N1 N2 ART808 ART1095.
Jurisprudência Nacional: AC STJ DE 1979/07/28 IN BMJ N288 PAG352. AC STJ DE 1984/04/10 IN BMJ N336 PAG372. AC STJ DE 1977/10/20 IN BMJ N270 PAG229.
Sumário : I - Não se verificando o pressuposto do n. 2 do artigo 722 do Código de Processo Civil, está fora da competência do Supremo Tribunal de Justiça, como tribunal de revista, saber se num acórdão recorrido se fez ou não correcta apreciação dos factos provados. II - O Supremo Tribunal de Justiça deve respeitar qualquer ilação tirada em matéria de facto pela Relação que não alterando os factos que a prova fixou, mas antes se apoiando neles, opera logicamente o seu desenvolvimento, dentro do alegado. III - Resultando das conclusões tiradas pelas instâncias, ter ocorrido uma impossibilidade total superveniente da prestação...
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