Acórdão nº 067104 de Supremo Tribunal de Justiça (Portugal), 29 de Março de 1978 (caso NULL)
Magistrado Responsável | AQUILINO RIBEIRO |
Data da Resolução | 29 de Março de 1978 |
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 PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART373 N1 N2 ART374 N1 ART375 N1 ART376 N1. CPC67 ART653 N2 ART712 N1 B ART722 N2 ART729 N2.
Sum·rio : I - O Supremo Tribunal de JustiÁa so pode, no recurso de revista, alterar a decis„o do Tribunal da RelaÁ„o sobre materia de facto no caso excepcional do n. 2 do artigo 722 do Codigo de Processo Civil, cabendo-lhe, por isso, apreciar se nessa decis„o foi ofendido o disposto na alinea b) do n. 1 do artigo 712 do mesmo Codigo em face do artigo 376 do Codigo Civil. II - A impugnaÁ„o expressa de certo documento particular por inaceitaÁ„o, como verdadeiros, dos seus texto e assinatura contem implicito a de um outro igual ao primeiro no seu contexto e assinatura. III - E ao apresentante do documento particular que cabe o onus da prova da sua autoria mesmo no caso de, em incidente de falsidade, haver sido arguida pelo impugnante a falsidade do seu texto e assinatura ou so da assinatura. IV - E requisito essencial dos documentos particulares serem assinados pelo proprio ou por outrem a seu rogo. V - Da improcedencia da arguiÁ„o de falsidade de um documento n„o resulta ficar estabelecida eficacia probatoria plena, a que alude o artigo 376, n. 1, do Codigo Civil, de um outro, igual aquele no seu contexto mas assinado por decalque, implicitamente impugnado por aquela arguiÁ„o. VI - Por carecer certo documento, assinado por decalque, de...
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