Acórdão nº 076093 de Supremo Tribunal de Justiça (Portugal), 12 de Outubro de 1988 (caso NULL)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 12 de Outubro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA. NEGADO PROVIMENTO.
Indicações Eventuais: CIT A REIS ANOT VIII PAG257 E VIV PAG185 E PAG648 BMJ N337 PAG377. V SERRA RLJ ANO102 PAG56. A VARELA OBG EM GERAL PAG732.
Área Temática: DIR ECON - DIR BANC. DIR PROC CIV.
Legislação Nacional: CCIV66 ART372 ART388 ART483 ART570 ART571 ART798 ART804. CPC67 ART264 N3 ART513 ART535 ART568 ART570 ART572 ART575 ART710 ART722 N2 ART729 N1.
Sumário : I - O pedido de exame a escrita tem de ser acompanhado dos respectivos quesitos e deve ser indeferido se os mesmos não respeitarem aos factos que constam do questionario, pois, segundo o disposto no artigo 513 do Codigo de Processo Civil, as diligencias destinadas a produção da prova so podem recair sobre os factos contidos no questionario. II - Tendo a Relação entendido que a declaração feita pelo Autor no sentido de que os documentos em causa ja se encontravam nos autos, por isso, deferindo-se ao requerimento do Reu, estava a praticar-se um acto inutil que a lei proibe. III - Os artigos 570 e 571 do Codigo Civil constituem uma modalidade autonoma das obrigações de indemnização que pode resultar, entre outros, dos factos seguintes: incumprimento de qualquer obrigação - artigo 798 - da mora - artigo 804 - de facto ilicito culposo e anti- -contratual - artigo 483...
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