Acórdão nº 0029432 de Court of Appeal of Lisbon (Portugal), 17 de Janeiro de 1991
Magistrado Responsável | QUIRINO SOARES |
Data da Resolução | 17 de Janeiro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: F CORREIA LIÇÕES DE DIREITO COMERCIAL V1 PAG218 ED DE 1965. A VARELA IN RLJ ANO122 PAG80. A VARELA DAS OBRIGAÇÕES EM GERAL V1 PAG225.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART286 ART289 N1 ART294 ART410 ART473 ART474 ART476 ART479 ART480 ART481 ART1029 N3. CPC67 ART523 N1 ART634 N1 ART653 N2 ART712 N3. CNOT67 ART89 K.
Jurisprudência Nacional: AC STJ DE 1986/06/25 IN BMJ N358 PAG523. AC STJ DE 1981/11/26 IN BMJ N311 PAG368.
Sumário: I - É ilegal o acórdão de Tribunal Colectivo que, tendo havido acordo dos RR, no sentido de serem ouvidas as testemunhas da A., não presentes no início de audiência de julgamento, serem ouvidas antes de encerrada a audição de todas as testemunhas, só admitiu ouvi-las se comparecerem até começarem a ser ouvidas as testemunhas dos réus. II - Tais testemunhas da A. podiam no entanto, serem sempre ouvidas pelo Tribunal Colectivo, para desfazer dúvidas impossíveis de debelar com recurso às provas já produzidas. III - Na organização do questionário, há que ter presente sobre quem recai o ónus da prova. IV - O que deve ir à especificação ou ao questionário são factos (acontecimentos normalmente do mundo objectivo e sensível, mas também sucessos da vida psíquica e emocional das pessoas). V...
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