Acórdão nº 076553 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1988 (caso NULL)
Data | 29 Novembro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR COM - TIT CREDITO.
Legislação Nacional: CCIV66 ART356 N2 N4 ART362 ART363 N1 ART374 N1 ART375 N1 ART376 N1 N2 ART377 ART396. CNOT67 ART51 N1 N2 N3 ART162 ART165 N2 ART371 N1. CPC67 ART264 ART617 ART618 ART712 N1 C ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1976/02/03 IN BMJ N251 PAG151. AC STJ DE 1977/06/30 IN BMJ N268 PAG204. AC STJ DE 1980/03/06 IN RLJ ANO114 PAG278.
Sumário : I - A Relação pode excepcionalmente alterar as respostas do tribunal colectivo aos quesitos se for apresentado pelo recorrente documento novo superveniente e que, por si so, seja suficiente para destruir a prova em que a resposta assentou - artigo 712, n. 1, alinea c) do Codigo de Processo Civil. II - O documento junto pelo reu com as alegações de apelação, embora novo e superveniente, não e suficiente para alterar as respostas sobre a validade das assinaturas da livrança e das letras, pois trata-se de uma declaração duma filha, onde afirma que fez as assinaturas constantes desses titulos, declaração com o reconhecimento notarial por semelhança, tratando-se de um simples documento escrito particular, como resulta dos artigos 362, 363, n. 1 373 n. 1 e 377 do Codigo Civil e artigos 51, ns. 1, 2 e 3, 162 e 165, n. 2 do Codigo do Notariado. III - Esse documento em que a letra e assinatura não foram impugnadas, consideram-se verdadeiras e não tendo sido arguido de falso, faz prova plena quanto as declarações atribuidas ao seu autor - artigo 374...
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