Acórdão nº 0121722 de Court of Appeal of Porto (Portugal), 05 de Março de 1991
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 05 de Março de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART360 ART361 ART394 N1. CPC67 ART712 N1. CCIV66 ART373 ART374 ART375 ART376 ART377 ART378 ART379.
Jurisprudência Nacional: AC STJ DE 1966/02/08 IN BMJ N154 PAG304. AC STJ DE 1973/10/23 IN BMJ N228 PAG239. AC STJ DE 1974/06/04 IN BMJ N238 PAG211. AC STJ DE 1983/07/21 IN BMJ N329 PAG552.
Sumário: A confissão pelo R. na acção de despejo do exercicio ha 34 anos de actividade comercial no local arrendado para habitação acompanhada da alegação de outros factos tendentes a infirmar a eficacia desse facto ou a modificar ou extinguir o seu efeito resolutivo do contrato de arrendamento não vale como confissão restrita ao facto daquele exercicio se o autor na acção impugnar os demais factos alegados pelo Reu, dada a indivisibilidade da confissão consagrada nos artigos 360 e 361 do CCiv.. O documento emanado de Repartição de Finanças tem o seu valor probatorio limitado aos factos nele referidos com base nas percepções da entidade documentadora. O Tribunal da Relação não pode censurar respostas a quesitos sobre que foi produzida prova oral por testemunhas, a não ser que os elementos...
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