Acórdão nº 9720340 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1997
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART240 ART241 ART261 ART280 ART294 ART352 ART353 N2 ART360 ART371 N1. CPC67 ART490 N1.
Jurisprudência Nacional: AC RP DE 1983/11/08 IN CJ T5 ANOVIII PAG206. AC RC DE 1993/11/10 IN CJ T5 ANOXVII PAG51. AC STJ DE 1997/03/04 IN CJSTJ T1 ANOV PAG122. AC RL DE 1987/11/26 IN CJ T5 ANOXII PAG128.
Sumário: I - Em acção ordinária proposta contra vários réus demandados em litisconsórcio necessário, tendo um deles sido citado editalmente, outro impugnado o facto supostamente admitido por co-réu litisconsorte, não tem força probatória plena a declaração confessória dos demais réus que foi acompanhada da narração de outros factos que infermam a eficácia do facto confessado. II - A simulação relativa quanto aos sujeitos verifica-se tanto quando intervem um sujeito aparente ( interposição fictícia ) como quando se elimina um sujeito real; a simulação relativa sobre o conteúdo do negócio ou objectiva incide tanto sobre a natureza do negócio, fingindo-se um tipo negocial diverso do realmente querido, como sobre o valor, o quantitativo de quaisquer prestações pecuniárias estabelecidas entre as partes. III - São chamados em fraude à lei os negócios pelos quais se consegue por via oblíqua o mesmo resultado que a lei quis impedir ou um resultado praticamente idêntico pela proibição de certos negócios. IV - A...
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