Acórdão nº 077629 de Supremo Tribunal de Justiça (Portugal), 03 de Outubro de 1989 (caso NULL)
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 03 de Outubro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART668 N1 B C ART722 N2. LULL ART32 ART47 ART48 ART49. DL 262/83 DE 1983/06/015. DL 339/87 DE 1987/04/24. CCIV66 ART363 N2 ART376 N1 ART393 N3.
Jurisprudência Nacional: AC STJ DE 1974/07/02 IN BMJ N239 PAG155. AC STJ DE 1967/12/09 IN BMJ N172 PAG181. AC STJ DE 1987/05/05 IN BMJ N367 PAG507. AC TC DE 1989/02/23 IN DR IIS DE 1989/06/06.
Sumário : I - Se os recorrentes apenas invocam como base do seu pedido o facto de existir contradição e nítida oposição nas respostas a certos quesitos, isto nada tem a ver com a falta de motivação ou com a colisão entre a decisão e os respectivos fundamentos, pelo que não procede a arguição de nulidade do acordão fundada nas alíneas b) e c) do n. 1 do artigo 668 do Código de Processo Civil. II - O Supremo Tribunal de Justiça, como tribunal de revista, tem de aceitar a fixação dos factos materiais da causa feita pela Relação, já que quer o erro na apreciação das provas, quer na fixação de tais factos, não pode ser objecto de recurso, como se dispõe na primeira parte do n. 2 do artigo 722 do Código se Processo Civil. III - Não se verifica no caso vertente a excepção prevista na 2. parte do mesmo preceito, porque o documento...
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