Acórdão nº 0042661 de Court of Appeal of Lisbon (Portugal), 21 de Maio de 1991
| Magistrado Responsável | PALHA DA SILVEIRA |
| Data da Resolução | 21 de Maio de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR ECON - DIR SEG.
Legislação Nacional: CPC67 ART201 ART487 N2 ART502 N1 ART712 N2. CCIV66 ART806.
Jurisprudência Nacional: AC STJ DE 1958/12/02 IN BMJ N82 PAG414. AC STJ DE 1969/11/14 IN BMJ N191 PAG226. AC RP DE 1984/02/27 IN CJ T1 PAG277. AC RC DE 1983/01/11 IN CJ T1 PAG28.
Sumário: I - Integra conclusão de direito, não sendo de quesitar, (artigo 511 do CPC), a alegação de "mesmo que se tratasse da afecção brônquica, e já se viu que não era, o José Correia estava obrigado a informar a seguradora, por força do contrato e da lei". II - A interpretação das claúsulas contratuais é questão jurídica, não quesitável. III - Ficou sanada, por não ter havido recurso do despacho saneador, onde se considerou não...
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