Acórdão nº 0028306 de Supremo Tribunal Administrativo (Portugal), 04 de Julho de 1991 (caso None)
Data | 04 Julho 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV.
Legislação Nacional: CPC67 ART646 N4 ART712 N1. CCIV66 ART349 ART350 ART351.
Sumário: I - Estamos perante matérias de direito sempre que, para chegar a determinada noção, haja necessidade de recorrer a uma disposição legal; há matérias de facto quando o apuramento das circunstâncias de cada caso se faz pela averiguação de ocorrências da vida real cuja existência ou inexistência não está dependente de qualquer interpretação a dar a qualquer norma jurídica, como se passa com a expressão "prejuízos", que integra facto da vida real. II - É à parte que a presunção favorece que incumbe provar o facto em que tal presunção se baseia. III - Se o julgador da 1 instância, a partir do facto tido como...
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