Acórdão nº 0078241 de Supremo Tribunal Administrativo (Portugal), 08 de Março de 1994 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 08 de Março de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART344 N1 ART360 ART374 ART376 N1 ART406 N1 ART777 ART800 N1 ART808. CPC67 ART463 N1 ART505 ART785.
Jurisprudência Nacional: AC RC DE 1981/02/03 IN BMJ N306 PAG298. AC RC DE 1983/11/22 IN BMJ N332 PAG515.
Sumário: I - A apresentação de documentos é uma forma válida de alegação dos factos que eles visam provar. II - Há confissão qualificada quando aos factos alegados, que se aceitam, se aditam circunstâncias que alteram a fisionomia da factualidade confessada. III - Tendo o réu procedido a confissão qualificada, cujas circunstâncias alegadas integravam defesa por excepção, a falta de réplica do autor conduz à admissão por acordo dessas circunstâncias e impede que se cinda e divida a confissão, aproveitando dela a parte favorávelao autor, especificando-a e quesitando os factos alegados pelo réu, fazendo recair sobre esta o ónus de os provar. IV - Tal procedimento viola a parte final dos artigos 360 e 344 n. 1, Código Civil. V - A não impugnação pela parte contra quem é oferecido o documento particular, permite estabelecer a autoria desse documento (artigo 374 n. 1, Código Civil) e fazer prova plena quanto às declarações negociais por ele formalizadas (artigo 376 n. 1, Código Civil)...
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