Acórdão nº 9110674 de Court of Appeal of Porto (Portugal), 16 de Março de 1992
Magistrado Responsável | ABILIO DE VASCONCELOS |
Data da Resolução | 16 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART684 N3 ART690 N1 ART712 N1 N2.
Jurisprudência Nacional: AC STJ DE 1974/06/04 IN BMJ N238 PAG211. AC STJ DE 1983/02/22 IN BMJ N324 PAG545. AC RL DE 1990/05/10 IN CJ ANOXV T3 PAG120. AC STJ DE 1986/07/25 IN BMJ N359 PAG526. AC STJ DE 1989/03/03 IN BMJ N385 PAG541.
Sumário: I - Constitui entendimento pacífico o de que o âmbito dos recursos é determinado pelas conclusões das respectivas alegações - artigos 684, n. 3 e 690, n. 1, do Código de Processo Civil; II - De acordo com o n. 2 do artigo 712, do Código de Processo Civil, a Relação pode anular a decisão do colectivo quando repute deficientes, obscuras ou contraditórias as respostas aos quesitos formulados; III - As respostas do Tribunal Colectivo só podem ser alteradas nos casos previstos no n. 1 do artigo 712, do Código de Processo Civil; IV - Não existe qualquer contradição se o Tribunal Colectivo responde positivamente ao quesito onde se inquiria se os autores adquiriram certo prédio ao filho do réu, comprando-o livre de qualquer arrendamento, respondendo, por outro lado, negativamente ao quesito se isso...
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