Acórdão nº 9820727 de Court of Appeal of Porto (Portugal), 10 de Novembro de 1998
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 10 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART653 N2 ART713 N2 ART659 N2 N3. CCIV66 ART352 ART355 N1 N2 ART356 ART358 N1 ART360 ART754 ART758 ART759 ART426 ART216 N1.
Jurisprudência Nacional: AC RP DE 1982/06/03 IN BMJ N318 PAG482. AC RE DE 1993/04/27 IN BMJ N426 PAG547. AC RP DE 1995/05/22 IN CJ T3 ANOXX PAG221. AC STJ DE 1982/10/07 IN BMJ N320 PAG407. AC STJ DE 1982/10/07 IN RLJ ANO119 PAG179. AC STJ DE 1970/12/18 IN BMJ N202 PAG202. AC STJ DE 1970/12/18 IN RLJ ANO104 PAG293. AC STJ DE 1979/01/23 IN BMJ N283 PAG293. AC STJ DE 1979/01/23 IN RLJ ANO112 PAG195.
Sumário: I - A confissão judicial provocada e escrita faz prova plena contra o apelado ( confitente ) se o apelante dela se pretende aproveitar, mas na sua indivisibilidade, isto é, relevando tanto o que o favorece quanto o que o desfavorece. II - Os factos confessados, porém, muito embora tenham que ser considerados na matéria fáctica, nada têm a ver com a alteração das respostas negativas dadas aos quesitos por o juiz estar coibido de se...
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