Acórdão nº 068197 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1979 (caso NULL)
| Magistrado Responsável | RODRIGUES BASTOS |
| Data da Resolução | 29 de Novembro de 1979 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART668 N1 D ART672 ART706 ART722 N2. CCIV66 ART1096 ART1098 N1 B. L 55/79 DE 1979/09/15 ART1 ART2 ART3 ART4.
Sumário : I - Desde que não houve qualquer reacção ao despacho do Relator que indeferiu o desentranhamento de um documento junto com a alegação, constituiu-se caso julgado formal que impede a apreciação de tal questão. II - Tendo o acórdão recorrido examinado certa questão (bem ou mal), improcede a arguição da nulidade da decisão por omissão de pronúncia. III - A circunstância de ter sido na resposta que o autor articulou não ter ainda usado da faculdade do artigo 1096 do Código Civil não impede que se tome conhecimento desse facto, dado que aquele autor podia acrescentar essa alegação, incumbindo-lhe o ónus da prova. IV...
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