Acórdão nº 074241 de Supremo Tribunal Administrativo (Portugal), 10 de Dezembro de 1987 (caso None)
Data | 10 Dezembro 1987 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR FAM. DIR TRIB - DIR CUSTAS JUD.
LegislaÁ„o Nacional: CPC67 ART137 N1 ART446 ART659 N2 ART712 N1 A ART713 N1. CCIV66 ART221 N1 ART1691 N1 C. LULL ART48 N2. DL 262/83 DE 1983/06/16. CCJ62 ART43 N2 C. PORT 339/87 DE 1987/04/24.
Sum·rio : I - A decis„o sobre o pedido de alteraÁ„o das respostas aos quesitos, nos termos do artigo 712 n. 1 do Codigo de Processo Civil, implica a apreciaÁ„o de materia de facto da exclusiva competencia da RelaÁ„o. Ao Supremo, como Tribunal de revista, cabe, no entanto, apreciar a quest„o relativa ao bom (ou mau) uso que a RelaÁ„o tenha feito, ou deixado de fazer, da faculdade que ali lhe e conferida, isto e, a quest„o de saber se, ao alterar as respostas aos quesitos, o fez por qualquer dos fundamentos previstos em tal normativo, ou se, ao negar a alteraÁ„o, n„o tera deixado indevidamente de considerar qualquer deles, o que e ja materia de direito. II - Uma vez reconhecido que, ao contrario do decidido na 1 Instancia, determinado quesito deveria ter obtido resposta negativa, a respectiva alteraÁ„o deveria fazer-se em cumprimento do disposto no artigo 712 n. 1, alinea a), do Codigo de Processo Civil, independentemente de isso poder, ou n„o, ter influencia na decis„o do pleito, dado que esta apreciaÁ„o teria o seu lugar proprio na sentenÁa, n„o podendo assim a alteraÁ„o ser considerada como acto inutil e incluido na abrangencia do artigo 137 do mesmo diploma. III - Tendo o autor recebido letras do aceite do reu, n„o como pagamento, mas como garantia "pro...
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