Acórdão nº 9230287 de Court of Appeal of Porto (Portugal), 02 de Novembro de 1992
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 02 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART371 ART1093 N1. DL 100/84 DE 1984/03/09 ART27 N1. DL 217/88 DE 1988/06/27 ART1 N1 N2 N3. CPC67 ART655 N1. RAU ART64 N1.
Jurisprudência Nacional: AC STJ DE 1969/05/23 IN BMJ N187 PAG104. AC STJ DE 1985/03/05 IN BMJ N345 PAG376. AC STJ DE 1973/10/23 IN BMJ N228 PAG239. AC STJ DE 1974/06/04 IN BMJ N238 PAG211. AC STJ DE 1985/03/05 IN BMJ N345 PAG372. AC RP DE 1977/12/14 IN BMJ N274 PAG313. AC RP DE 1988/02/04 IN BMJ N374 PAG535. AC RE DE 1984/06/26 IN BMJ N340 PAG452.
Sumário: I - Competindo à Junta de Freguesia atestar a residência de um cidadão da freguesia, não equivale ao respectivo atestado um ofício do presidente da mesma Junta. II - Só o atestado da Junta de Freguesia onde se exprima o conhecimento directo dos seus vogais e seja precedido de deliberação desse orgão tem a força probatória plena da residência que ateste. III - O recenseamento nos cadernos eleitorais de certa localidade não prova a residência de um cidadão na mesma localidade enquanto tal inscrição perdurar. IV - O atestado de residência passado...
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