Acórdão nº 079527 de Supremo Tribunal de Justiça (Portugal), 22 de Novembro de 1990 (caso NULL)
Magistrado Responsável | PEREIRA DA SILVA |
Data da Resolução | 22 de Novembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 N1 ART790 N1 ART1051 N1. CCIV867 ART1612. D 5411 DE 1919/04/17 ART18. CPC67 ART660 N2 ART668 N1 D ART684 N3 ART690 N1.
Jurisprudência Nacional: AC STJ DE 1976/06/04 IN BMJ N258 PAG149. AC STJ DE 1980/03/26 IN BMJ N295 PAG426.
Sumário : I - Nos termos do artigo 660, n. 2 do Codigo de Processo Civil, o tribunal deve resolver todas as questões que as partes tenham submetido a sua apreciação e não ocupar-se senão das questões suscitadas pelas partes, salvo se a lei, lhe permitir ou impuser o conhecimento oficioso de outras. II - O Tribunal da Relação so tem de apreciar as questões que constem das conclusões da alegação, uma vez que e por essas conclusões que se delimita o objecto do recurso (artigo 684, n. 3 do Codigo de Processo Civil). III - O Tribunal da Relação pode conhecer oficiosamente do abuso de direito, mas da falta de tal conhecimento não deriva qualquer nulidade, pois esse conhecimento não lhe e imposto, mas apenas facultado. VI - Uma das causas de caducidade do...
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