Acórdão nº 9420906 de Court of Appeal of Porto (Portugal), 14 de Março de 1995
| Data | 14 Março 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC39 ART660. CPC67 ART511 N3 N5 ART660 ART712 N2.
Sumário: I - Não tendo a parte reclamado da não inclusão dum facto concreto no questionário, não pode, face o princípio da preclusão ou da eventualidade, essa omissão ser objecto de recurso. II - Não é pelo facto do juiz, ao abrigo do disposto no artigo 712 n.2 do Código de Processo Civil poder, " ex officio ", ordenar a ampliação da matéria de facto que justifica a sua apreciação em recurso. III - É que o poder de anulação do julgamento para...
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