Acórdão nº 068216 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1979 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 04 de Dezembro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART653 N2 ART668 N1 D ART721 ART722 ART729. CCIV66 ART217 ART220 ART236 ART238 ART248 ART252 N2 ART287 N2 ART289 ART374 ART375 ART376 ART393 ART394 ART410 N1 ART1238.
Sum·rio : I - N„o se verifica nulidade de decis„o por contradiÁ„o entre resposta dada a um quesito e factos que so possam provar- -se documentalmente, ou que so possam provar-se por confiss„o reduzida a escrito, acordo das partes ou documentalmente, quando o tribunal se limita, ao responder ao quesito, a fazer a interpretaÁ„o da vontade das partes em relaÁ„o a declaraÁ„o negocial. II - Constitui materia de direito, sujeita a censura do Supremo Tribunal de JustiÁa, a quest„o de saber se as Instancias, na determinaÁ„o do sentido de certa declaraÁ„o negocial, atenderam aos termos, natureza e circunstancias do contrato nos termos dos artigos 236 e 238 do Codigo Civil; mas integra materia de facto, cujo apuramento pelas Instancias o Supremo n„o pode censurar, a determinaÁ„o da...
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