Acórdão nº 075429 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1988
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 23 de Março de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR SUC.
Legislação Nacional: CPC67 ART655 N1 ART712 N1 A B ART722 N2 ART729 N2. CCIV66 ART270 ART2182 ART2229 ART2230.
Sumário : I - O Supremo Tribunal de Justiça não tem o poder de alterar as respostas do Tribunal Colectivo, poder esse que e exclusivo da Relação, somente devendo o Supremo verificar se a Relação, ao usar ou deixar de usar tal poder, agiu dentro dos limites traçados pela lei. II - Cabe as instancias apreciar livremente as provas e decidir segundo a convicção formada, sem sujeição a normas rigidas e tendo apenas em conta as regras legais e as maximas da experiencia. III - Tendo o Tribunal Colectivo apreciado e valorizado as provas apresentadas quanto a materia dos quesitos e respondido de acordo com o convencimento resultante, de tais provas, convencimento em que a Relação, comungou, pelo que entendeu não dever alterar as respostas dadas aos mesmos quesitos, a Relação agiu dentro dos limites legais. IV - O Supremo Tribunal de Justiça, como tribunal de revista, tem de aceitar os factos dados como provados pelas instancias, nos termos dos artigos 722, n. 2 e 729, n. 2 do Codigo de Processo Civil. V - O testamento e acto pessoal, insusceptivel de ser feito por meio de representante ou de ficar dependente do arbitrio de outrem, quer pelo que toca a...
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