Acórdão nº 9440028 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1996
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 16 de Janeiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART157 N3 ART201 ART205 ART463 N2 ART666 N3 ART668 N1 D ART1014 N2. CCIV66 ART372. CCOM888 ART107 ART113 ART118 N4 ART132.
Jurisprudência Nacional: AC STJ DE 1974/07/02 IN BMJ N239 PAG168. AC STJ DE 1977/01/06 IN BMJ N263 PAG187. AC STJ DE 1952/11/04 IN BMJ N34 PAG433.
Sumário: I - A acta assinada pelo juiz que presidiu à sessão da produção da prova faz prova plena de que os depoimentos das testemunhas ouvidas se encontram nela reproduzidos nos termos em que se determinou o seu registo. Contra ela só é legítimo reagir através da arguição da sua falsidade. II - Não constando da acta a reprodução do depoimento de uma testemunha ouvida no decurso da sessão de produção de prova, a que estiveram presentes os mandatários das partes, a arguição da respectiva nulidade deve ser feita até ao encerramento daquela sessão, nos termos do artigo 205 n.1 do Código de Processo Civil. III - A arguição dessa nulidade em alegações de recurso é manifestamente extemporânea, não podendo, por isso, ser atendida, encontrando-se sanada por falta de reacção...
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