Acórdão nº 9620181 de Court of Appeal of Porto (Portugal), 15 de Abril de 1997
| Data | 15 Abril 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR FAM. DIR PROC CIV - PROC INVENT.
Legislação Nacional: CCIV66 ART342 N1 ART1714 ART1733 N1 B. CPC67 ART201 ART205 N1 ART264 N3 ART618 N1 C ART653 N1 ART1386 ART1387.
Jurisprudência Nacional: AC RC DE 1981/02/03 IN CJ T1 ANOVI PAG32.
Sumário: I - A nulidade resultante da admissão do depoimento de um genro do autor, oferecido como testemunha, fica sanada se não foi arguida antes desse acto terminar. II - A inabilidade do genro do autor para depor como testemunha não impede que o juiz o ouça sempre que entenda que essa audição é necessária para apurar a verdade. III - O " non liquet " sobre o " thema probandi " resolve-se contra quem suportava o ónus da prova. IV - A falta de prova dos pressupostos referidos nos artigos 1386 e 1387 do Código de Processo Civil e o trânsito em julgado da sentença homologatória de partilha elaborada em consonância com a vontade das partes mas...
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