Acórdão nº 9110146 de Court of Appeal of Porto (Portugal), 16 de Setembro de 1991
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 16 de Setembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV. DIR CONST.
Legislação Nacional: CPC67 ART511 N1 ART660 N2 ART712 N2. CCIV66 ART2 ART483 N1 ART493 N2 ART563. CONST89 ART115 N5 ART122 G.
Jurisprudência Nacional: ASS STJ DE 1979/11/21. AC TC DE 1984/05/03 IN BMJ N346 PAG179. AC STJ DE 1971/03/05 IN BMJ N205 PAG195. AC STJ DE 1972/04/11 IN BMJ N216 PAG204. AC RL DE 1987/02/17 IN CJ ANOXII T1 PAG61. AC RL DE 1988/02/09 IN CJ ANOXIII T1 PAG129.
Sumário: I - Não pode haver contradição entre a resposta afirmativa a um quesito e a resposta negativa a outro, na medida em que a resposta negativa a um quesito revela tão somente que o facto quesitado não se provou, e não que se provou o facto contrario, tudo se passando como se tal facto não tivesse sido quesitado. II - A lei não distingue entre factos fundamentais e instrumentais para o efeito da sua inclusão no questionario. Por isso, os factos instrumentais podem ser incluidos no questionario, sempre que interessem a decisão da causa. III - Uma das...
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