Acórdão nº 0057031 de Supremo Tribunal Administrativo (Portugal), 16 de Novembro de 1993 (caso None)
| Magistrado Responsável | QUINTA GOMES |
| Data da Resolução | 16 de Novembro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N2 ART1042 N2 ART1048. CPC67 ART511 N5.
Jurisprudência Nacional: AC STJ DE 1985/01/10 IN BMJ N343 PAG253. AC RL DE 1990/05/10 IN CJ T3 PAG120.
Sumário: I - Mesmo que se entendesse que aqueles factos alegados pelos réus revestiam a natureza de excepção peremptória, o certo é que o autor tendo afirmado já na petição inicial que os réus não haviam pago aquelas rendas, não carecia de reafirmar tal facto. II - A não prova de um quesito não significa, só por si, a prova do contrário. Equivalem à inexistência dos respectivos quesitos e podem corresponder a um simples estado de dúvida. III - A discussão da quesitação, em sede de recurso, depende de prévia reclamação: art...
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