Acórdão nº 0080572 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1994 (caso None)
Magistrado Responsável | RUA DIAS |
Data da Resolução | 30 de Junho de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 ART497 ART498 N1 N3. CPC67 ART497 ART498 ART659 N3 ART668 N1 C D ART671 ART713 N2. CP82 ART117 N1 C ART142 N1.
Jurisprudência Nacional: AC STJ DE 1981/02/03 IN BMJ N304 PAG345. AC STJ DE 1981/10/06 IN BMJ N310 PAG259. AC RC DE 1985/05/14 IN BMJ N347 PAG464. AC RP DE 1986/01/07 IN CJ ANOXI T1 PAG157. AC STJ DE 1986/12/02 IN BMJ N362 PAG514. AC RL DE 1977/05/18 IN BMJ N260 PAG204. AC STJ DE 1983/11/03 IN BMJ N330 PAG495.
Sumário: I - A decisão transitada sobre a relação material controvertida só tem força obrigatória dentro do processo e, fora dele, se a causa se repete. II - A especificação e o questionário não fazem caso julgado formal. Daí que a Relação possa alterar a matéria de facto dada por assente na primeira instância, se concluir pela existência de factos não especificados e que deveriam ter sido, fazendo uso dos poderes que lhe confere o artigo 659, número 3, do Código de Processo Civil...
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