Acórdão nº 068364 de Supremo Tribunal de Justiça (Portugal), 10 de Abril de 1980 (caso NULL)
Data | 10 Abril 1980 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. REVISTA.
Decis„o: NEGADO PROVIMENTO. CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR REAIS / DIR CONTRAT.
LegislaÁ„o Nacional: CPC67 ART203 N1 ART264 N1 N2 ART456 N2 ART491 N1 B ART646 N3 ART650 N2 F ART655 N1 ART664 ART666 N1 N2 N3 ART667 N1 N3 ART668 N1 D ART712 N1 ART722 N2. CCIV66 ART12 ART294 ART297 ART323 N1 ART342. CCIV867 ART10 ART517 N1 ART518 ART526 N2 ART527 ART552 N2 ART643 N2 ART647 ART1031 PARUNICO ART1032 ART1452. CCOM888 ART266 ART267.
JurisprudÍncia Nacional: ASS STJ DE 1941/12/19. ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. AC STJ DE 1945/09/12 IN BOL OF ANO5 PAG403. AC STJ DE 1979/02/13 IN BMJ N284 PAG176. AC STJ DE 1978/09/14 IN BMJ N281 PAG219.
Sum·rio : I - N„o viola o disposto no artigo 667 n. 1 do Codigo de Processo Civil a resposta do Tribunal Colectivo que rectifica inexactid„o material na redacÁ„o do quesito a que responde. II - A formulaÁ„o de novos quesitos n„o esta condicionada pela possibilidade de as partes poderem produzir a sua prova. III - A justificaÁ„o de base factica, tendente a recusa do uso da faculdade de alteraÁ„o das respostas do Tribunal Colectivo, que em si traduz o desvio da regra da estabilidade da decis„o em que elas se inserem, na definiÁ„o do n. 1 do artigo 712 do Codigo de Processo Civil, excede o escopo da revista. IV - E definitiva a declaraÁ„o de legitimidade, em termos genericos, no despacho saneador. V - N„o pode o Supremo Tribunal de JustiÁa conhecer de quest„o que n„o tenha sido abordada na 2 Instancia. VI - A escritura de compra e venda em que as partes declaram falsamente o que nela se consignou, quanto a venda de certos predios, n„o tendo havido estipulaÁ„o de preÁo nem seu pagamento, quando se prove que as partes quiseram transferir gratuitamente esses bens para o patrimonio de terceira pessoa, e um acto simulado que falha num dos seus elementos...
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