Acórdão nº 9520281 de Court of Appeal of Porto (Portugal), 02 de Julho de 1996
Data | 02 Julho 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1550 ART1552. CPC67 ART511 ART712 N2. DL 289/73 DE 1973/06/06 ART1 ART21 ART27 N2.
Sumário: I - A contradição a que alude o n.2 do artigo 712 do Código de Processo Civil apenas respeita à contradição entre as respostas aos quesitos do questionário entre si. Colidindo alguma resposta com a matéria já fixada na especificação, terá de se dar prevalência a esta, considerando-se não escrita a resposta ou as respostas conflituantes com ela. II - É injustificável e tecnicamente incorrecta a inclusão, na especificação, do " teor dos documentos " que as partes juntam aos autos com os seus articulados. É que os documentos não são factos mas mero instrumento de prova de factos, sendo que a especificação é uma selecção dos factos alegados pelas partes que se possam considerar provados por virtude de confissão, acordo das partes ou prova documental. III - O proprietário que provoca o encrave do seu prédio, sem justo motivo, pode constituir coercivamente uma servidão de passagem, embora seja sancionado com uma indemnização agravada nos termos do artigo 1552 do Código Civil. IV - Provado que A adquiriu a B uma parcela de terreno onde veio a implantar dois prédios urbanos, tendo posteriormente vendido a C um desses prédios, tal venda, que não foi precedida de...
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