Acórdão nº 069731 de Supremo Tribunal de Justiça (Portugal), 04 de Fevereiro de 1984 (caso NULL)
Magistrado Responsável | LOPES NEVES |
Data da Resolução | 04 de Fevereiro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA DAS OBG EM GERAL VOLII PÁG321 PÁG326. V SERRA IN RLJ ANO106 PÁG362 PÁG364 PÁG376.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART729 N3. CCIV66 ART236 N1 ART238 N1 ART585 N2.
Jurisprudência Nacional: AC STJ DE 1976/04/06 IN BMJ N256 PAG128.
Sumário : I - O Supremo Tribunal de Justiça, ao ordenar a ampliação da matéria de facto, apenas decidiu que a Relação não tomou em consideração certos factos pelo que a hipótese não se mostrava suficientemente caracterizada "para se fixar a exacta interpretação das normas jurídicas sobre o alcance da declaração" (constante do documento), mas daí não é licíto concluir, que se tornasse indispensável a formulação de novos quesitos. II - É matéria de direito averiguar o sentido normal da declaração de vontade, de acordo com os princípios insertos nos artigos 236, n. 1, e 238, n. 1, ambos do Código Civil. III - A assunção de dívida é a operação pela qual um terceiro...
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