Acórdão nº 9051168 de Court of Appeal of Porto (Portugal), 03 de Maio de 1990
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 03 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CRC78 ART5. CPC67 ART511 N1 ART646 N1. CCIV66 ART1024 ART1051 N1 A N2 ART1087 ART1088 ART2079 ART2080. DL 188/76 DE 1976/03/12 ART1 N3. DL 328/81 DE 1981/12/04. DL 67/75 DE 1975/02/19. DL 496/77 DE 1977/11/25.
Sumário: I - O estado das pessoas só pode ser provado por documento bastante. II - Têm-se por não escritas as respostas do tribunal colectivo dadas sobre factos que só possam ser provados por documentos. III - Mas quando o estado das pessoas constitui apenas elemento secundário e não objecto ou fundamento da acção, e foi alegado por uma parte e confessado pela outra parte, então deve ser efectivamente especificado. IV - As expressões "administração" e "assinar a rogo" se contêm sem dúvida um conceito de direito, são igualmente expressões generalizadas da linguagem vulgar; correntemente aplicadas no dia a dia, independentemente de qualquer conhecimento jurídico. V - Nada obsta pois a que os...
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