Acórdão nº 070035 de Supremo Tribunal Administrativo (Portugal), 16 de Dezembro de 1982 (caso None)
Data | 16 Dezembro 1982 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL / DIR RESP CIV.
Legislação Nacional: CPC67 ART273 N1 ART650 N2 F ART783 ART785. CCIV66 ART342 N2 ART483 ART493 N2 ART494 ART496 ART502 ART503 ART504. CE54 ART40 N4 ART68.
Jurisprudência Nacional: ASS STJ DE 1979/11/21 IN BMJ N291 PAG285. AC STJ DE 1980/02/21 IN BMJ N294 PAG321. AC STJ DE 1980/02/28 IN BMJ N294 PAG333. AC STJ DE 1981/02/05 IN BMJ N304 PAG398.
Sumário : I - Os quesitos novos a que se refere o artigo 650, n. 2, alínea f), do Código de Processo Civil podem dizer respeito tanto aos factos constantes dos articulados como aos que foram introduzidos no processo pelas partes através de outros meios legalmente admissíveis. II - A causa de pedir não se pode considerar alterada quando, tendo-se invocado primeiro determinado acto ou facto, se abandona depois esse acto ou facto, passando a apoiar-se o pedido em acto ou facto diverso. III - A resposta negativa a um quesito apenas quer dizer que tudo se pensa como se o facto dele constante não tivesse sido alegado, e não que esteja provado o contrário. IV - Na acção cível emergente de acidente de viação, a prova da não coincidência entre a propriedade e a direcção efectiva e interessada do veículo causador do acidente incumbe aos réus, especialmente à seguradora. V - A disposição do artigo 503, n. 3, do Código Civil refere-se à responsabilidade...
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