Acórdão nº 9240221 de Court of Appeal of Porto (Portugal), 20 de Setembro de 1992
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 20 de Setembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART463 N1 ART560 ART563 N1 ART639 ART659 N3 ART712 N1. CE54 ART10 N2. DL 522/85 DE 1985/12/31 ART6 N1. DL 436/86 DE 1986/12/31.
Sumário: I - O teor dos depoimentos escritos das testemunhas ouvidas por deprecada não se enquadra na previsão do nº 3 do artigo 659 do Código de Processo Civil, ou seja, não é elemento que o juiz deva tomar em consideração na fundamentação da sentença. II - Se esses depoimentos não constituem o único elemento probatório em que o tribunal colectivo fundamentou a sua decisão àcerca da matéria de facto, antes existem outros depoimentos oralmente prestados, não pode o Tribunal da Relação alterar as respostas aos quesitos com fundamento do nº 1 do artigo 712 do Código de Processo Civil...
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