Acórdão nº 9210196 de Court of Appeal of Porto (Portugal), 24 de Setembro de 1992
Data | 24 Setembro 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART346 N1. CPC67 ART456 N2 ART646 N4 ART659 N2 ART668 N1. CRP84 ART7.
Jurisprudência Nacional: AC RL DE 1949/02/23 IN BMJ N15 PAG268. AC RE DE 1977/10/04 IN CJ ANOII PAG905.
Sumário: I - O questionário só deve conter questões de facto, isto é, questões atinentes à averiguação de factos materiais. II - E são factos materiais as ocorrências da vida real, os elementos materiais e concretos, as mudanças operadas no mundo exterior, que podem ser conhecidas sem a qualquer critério fixado pela ordem jurídica. III - A qualificação de um caminho como " público " envolve um problema de direito que transcende o círculo das percepções sobre as quais as testemunhas ou as partes podem ser chamadas a depor. IV - Deve ter-se por não escrita a resposta dada a um quesito na parte em que, referindo-se a um caminho, se deu como provado que era público ( artigo 646, nº 4 do Código de Processo Civil ). V - A matéria dos quesitos não é indivisível quando abrange vários factos ou contém matéria de facto e matéria de direito. VI - A sanção do nº 4 do artigo 646 do Código de Processo Civil só abrange a parte da resposta que verse questões de direito. VII - O juiz deve, na sentença, interpretar e aplicar as normas jurídicas correspondentes aos factos que considere provados. VIII - A falta de especificação dos fundamentos de facto e de direito que justificam a decisão é causa de nulidade. IX - O juiz tem, portanto, de caracterizar juridicamente os factos materiais e de encontrar o enquadramento legal que se lhes ajuste. X -...
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