Acórdão nº 062075 de Supremo Tribunal Administrativo (Portugal), 01 de Março de 1968 (caso None)
Data | 01 Março 1968 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RT ANO75 PAG185.
Área Temática: DIR COM - TIT CREDITO. DIR PROC CIV.
Legislação Nacional: CPC61 ART538 ART664. CNOT60 ART88 A I ART89 A K.
Sumário : I - O julgador so pode servir-se dos factos articulados pelas partes; por outro lado, os recursos visam obter um novo exame sobre os problemas analisados e não a criar decisões sobre materia nova. II - Improcedem, deste modo, as conclusões da recorrente que contem materia nova, não suscitada directamente perante o tribunal de segunda instancia. III - Não tendo umas letras entrado em circulação, e licito aos interessados, por se estar na esfera das relações imediatas, discutir em toda a sua plenitude a relação subjacente, não sendo assim necessario arguir de falsos documentos para se fixar o ambito e extensão do vinculo obrigacional constituido. IV - Embora o trespasse suponha em principio a cedencia do direito ao arrendamento, acompanhada da transferencia do estabelecimento comercial, o certo e que a existencia de...
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