Acórdão nº 9341213 de Court of Appeal of Porto (Portugal), 10 de Julho de 1994
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 10 de Julho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART653 ART659 ART664.
Jurisprudência Nacional: AC RL DE 1991/10/29 IN BMJ N410 PAG869.
Sumário: I - Nas respostas aos quesitos o tribunal pode não limitar-se a responder provado ou não provado e elaborar respostas restritivas ou explicativas, não podendo nas respostas explicativas considerar-se exorbitante se se respeita a matéria de facto articulada. II - Se a resposta ao quesito não respeitar a matéria de facto articulada, o tribunal de recurso deve, oficiosamente, considerar a resposta como não escrita ou, se a ultrapassar, não a considerar escrita nessa parte. III - Não se mostra deficiente a ponto de comprometer o êxito do pedido, a alegação feita com vista à obtenção do reconhecimento ao que se chama servidão de passagem a pé ou de carro, se é articulado que sobre o prédio que se identifica existe tal encargo a favor de outro, o que...
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