Acórdão nº 076116 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1988 (caso NULL)
Data | 14 Dezembro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A BAIXA DO PROCESSO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Indicações Eventuais: CIT M ANDRADE NOÇ ELEM PROC CIV 1976 P305. VAZ SERRA RLJ ANO112 P278 ANO110 P232 ANO111 P198. A REIS ANOT VIII P143 VV P166.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART26 N2 ART493 N2 ART497 ART498 ART673.
Jurisprudência Nacional: AC STJ DE 1979/03/01 IN BMJ N285 PAG190. AC STJ DE 1975/06/29 IN BMJ N258 PAG220. AC STJ DE 1977/11/24 IN BMJ N271 PAG172. AC STJ DE 1980/01/17 IN BMJ N293 PAG235.
Sumário : I - O caso julgado embora se forme apenas e em principio sobre a parte decisoria da sentença e não sobre os respectivos fundamentos ou motivos, devendo ser este o entendimento a atribuir, "prima facie", ao artigo 673 do Codigo de Processo Civil, o certo e que os motivos podem e devem ser tidos em conta sempre que isso se mostre necessario para interpretar e determinar o verdadeiro sentido da decisão e o seu exacto conteudo. II - Face a estes principios, no caso concreto, no despacho saneador, ao contrario do que se afirma no acordão recorrido, apenas se decidiu, no que para aqui interessa, que a Re Metropole e parte legitima e nada mais, excepção suscitada por o Reu Angelo não possuir carta de condução, consequentemente, por força da clausula 25 das condições particulares da apolice, estar excluida a responsabilidade da Re seguradora. III - Mas este fundamento da ilegitimidade e de todo errado, por respeitar ao fundo...
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