Acórdão nº 9410162 de Court of Appeal of Porto (Portugal), 07 de Novembro de 1994
Magistrado Responsável | REIS FIGUEIRA |
Data da Resolução | 07 de Novembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: CITA C EST ANOTADO DE OLIVEIRA MATOS 3ED PAG462.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART650 N2 F ART205 N1.
Jurisprudência Nacional: AC STJ DE 1982/01/19 IN BMJ N313 PAG301. AC RL DE 1981/05/05 IN BMJ N312 PAG303. AC RP DE 1994/03/14 IN REC 415/92 2S.
Sumário: I - É legal a formulação por iniciativa do tribunal de novos quesitos já depois de iniciada a audiência de testemunhas. II - Formulados novos quesitos, deve ser facultada às partes a apresentação de novo rol de testemunhas respeitantes a tal matéria, mas, não o tendo sido sem qualquer reclamação ou arguição da nulidade resultante de a audiência ter prosseguido sem o convite às partes para a apresentação de novas provas a tais quesitos, sanada ficou tal nulidade que não pode ser objecto do recurso...
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