Acórdão nº 9310525 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1993
| Magistrado Responsável | REIS FIGUEIRA |
| Data da Resolução | 15 de Novembro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART287 D ART293 ART294 ART298 ART299 ART300 ART301 ART297 ART552 ART18 N1 ART27 ART28 N2. CCIV66 ART352 ART356 N2 ART353 N2.
Sumário: I - Há que distinguir entre confissão como causa de extinção da instância e confissão como produto do meio de prova que é o depoimento de parte. II - Enquanto que ali se trata de confissão do pedido como forma (causa) de extinção da instância; aqui trata-se de confissão de factos desfavoráveis ao confitente como meio de prova desses mesmos factos. Ali está-se no campo da decisão; aqui no âmbito da instrução. III - Em caso de litisconsórcio necessário a confissão judicial de apenas um dos litigantes não pode ter qualquer efeito, seja a título de prova plena, seja a título de prova de...
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