Acórdão nº 0017101 de Supremo Tribunal Administrativo (Portugal), 29 de Outubro de 1991 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 29 de Outubro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART511 N5 ART650 N2 F ART733. CCIV66 ART11 ART342 N1 ART610 ART611.
Jurisprudência Nacional: AC RL DE 1974/04/05 IN BMJ N236 PAG191.
Sumário: I - Se a parte está interessada em impugnar o despacho do Presidente do Tribunal Colectivo que formula novos quesitos, nos termos do artigo 650 número 2 alínea f) do Código do Processo Civil, terá que recorrer de tal despacho, mediante recurso de agravo. Não existe analogia com o disposto no artigo 511 n. 5 do Código do Processo Civil. Não pode a parte impugnar o despacho dito no recurso de apelação interposto da sentença. II - A formulação de quesitos "conclusivos" só está vedada quando, para lhes dar resposta, seja necessário que o julgador formule juízo de valor de natureza jurídica, isto é, quando tenha de entrar em linha de conta com um ou mais preceitos legais para concluir o que vem perguntado. O julgador da matéria de facto é um verdadeiro julgador, é Tribunal, pedem-se-lhe juízos de valor, necessariamente conclusivos, acerca da amálgama de factos que a prova lhe reporta. III - A impugnação pauliana cabe em relação a actos que envolvam diminuição de garantia patrimonial do crédito do credor. Cabe ao credor, ao intentar a acção, definir bem claramente qual o crédito cuja garantia patrimonial entende ter sido diminuida pelo acto impugnado. O facto de o crédito ser posterior ao...
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