Acórdão nº 061829 de Supremo Tribunal Administrativo (Portugal), 10 de Novembro de 1967 (caso None)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 10 de Novembro de 1967 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV867 ART676 ART705 ART709 ART1548. CCIV66 ART221. CPC61 ART526 ART617.
JurisprudÍncia Nacional: ASS STJ DE 1966/03/04 IN BMJ N155 PAG250.
Sum·rio : I - A interpretaÁ„o das clausulas dos contratos envolve materia de facto, da competencia exclusiva das instancias. II - A produÁ„o de prova testemunhal para fixar o verdadeiro sentido de uma dessas clausulas n„o e proibida pelo assento de 4 de MarÁo de 1966, segundo o qual sobre a promessa de compra e venda de imobiliarios e inadmissivel outra prova alem do escrito do contrato, relativamente a determinaÁ„o do preÁo e especificaÁ„o da coisa, incluindo as qualidades desta. III - O recurso a tal prova, no caso em apreÁo, n„o e proibido pelo Codigo Civil de 1867 e e permitido pelo artigo 221 do actual diploma, bem como pelos artigos 526 e 617 do Codigo de Processo Civil, visto a prova testemunhal so ser inadmissivel na parte em que os documentos tem...
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