Acórdão nº 076728 de Supremo Tribunal Administrativo (Portugal), 14 de Dezembro de 1988 (caso None)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 14 de Dezembro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A CASTRO LIÇ PROC CIV VIII PAG449. R BASTOS NOTAS COD PROC CIV VIV 1969 PAG230. A REIS COD PROC CIV ANOT VV PAG166.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART342 N1. CPC67 ART672 ART673 ART679.
Jurisprudência Nacional: AC STJ DE 1976/06/29 IN BMJ N258 PAG220. AC STJ DE 1979/03/01 IN BMJ N285 PAG190. AC STJ DE 1980/01/17 IN BMJ N293 PAG236. AC STJ DE 1978/02/23 IN BMJ N274 PAG191. AC STJ DE 1978/06/20 IN BMJ N278 PAG149. AC STJ DE 1981/04/23 IN BMJ N306 PAG244.
Sumário : I - A decisão proferida no acordão da Relação, em recurso de agravo, sobre o questionario e despacho saneador, mantendo o quesito tal como foi formulado e ser o onus da prova da falsidade das assinaturas pertença do Reu , esta coberta pela força do caso julgado formal, sendo, por isso, intocavel. II - O caso julgado tem de ser entendido e encarado nos "precisos limites e termos" da decisão proferida, sendo assim, todas as questões suscitadas e solucionadas...
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