Acórdão nº 074687 de Supremo Tribunal de Justiça (Portugal), 05 de Fevereiro de 1987 (caso NULL)
Data | 05 Fevereiro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART396 ART493 N2 ART494 N1 H ART1513 N1. CCIV66 ART157 ART177 ART178 ART236 N1 N2 ART238 N1 N2. LSQ ART46.
Sumário : I - Na interpretação dos negócios jurídicos e no apuramento da vontade real das partes quanto à declaração negocial e conhecimento que dela tenha o declaratório (n. 2 do artigo 236 e n. 2 do artigo 238 do Código Civil) estamos perante matéria de facto, passível de prova directa ou por meio de ilações tiradas de factos concretos que se hajam apurado. II - Mas, se for preciso recorrer ao critério do n. 1 do artigo 236 (ainda que corrigido, quanto aos negócios formais, pelo do n. 1 do artigo 238), então já não estamos no puro domínio da matéria de facto por se tratar de interpretação levada a cabo à luz de critérios legais, e neste domínio já ao Supremo não pode ser recusado o poder de censura. III -...
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