Acórdão nº 9230474 de Court of Appeal of Porto (Portugal), 19 de Outubro de 1993
Magistrado Responsável | FERREIRA DE SEABRA |
Data da Resolução | 19 de Outubro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART666 N3 ART673 N3 ART672.
Sumário: I - Quando o juiz considerar certo facto assente por virtude de confissão, acordo das partes ou prova documental - nº 1 do artigo 511 do Código de Processo Civil - na especificação, se esta transitou em julgado, não se poderá mais pôr em dúvida, no processo em que foi proferida tal decisão, a sua prova: ele está definitivamente provado, atento o valor do caso julgado formal - vid. artigos 663, nº 3, 672 e 673 do Código de Processo Civil; II - Quando o juiz não inscreve alguns factos na especificação e esta também transitou qualquer ilação que daqui se pretendesse extrair seria sempre implícita e, por isso esses factos se, "admitidos por acordo, provados por documentos ou por confissão reduzida a escrito" têm de ser tomados em consideração na sentença final, atento o nº 2 do artigo 659 do Código de Processo Civil, sem com isso se ferir qualquer pseudo caso julgado formal, resultante implicitamente da especificação, pois as decisões implícitas não formam caso julgado...
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