Acórdão nº 0067334 de Court of Appeal of Lisbon (Portugal), 07 de Outubro de 1992
Data | 07 Outubro 1992 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART511 N1 ART646 ART658 ART712 N2.
Sumário: I - Os artigos 646 e 658 do Código de Processo Civil correspondem a duas fases claramente diferenciadas do processo declarativo. Destina-se a primeira, com intervenção do Tribunal Colectivo ou do Juiz singular, conforme os casos, a investigar a matéria controvertida e a fixar a matéria que em resultado dessa investigação o Tribunal considera provada. Tem por objecto, a segunda, a qualificação e integração nas normas legais respectivas, dessa mesma matéria de facto com a consequente decisão de procedência ou improcedência da acção. II - A indicação dos factos provados terá de fazer-se somente em relação aos que interessam à decisão da causa consoante as plausíveis soluções de direito, princípio consagrado no n. 1 do artigo 511 do Código de Processo Civil. III - A lei não manda inscrever no elenco dos factos provados aqueles que o não foram, nem as declarações que as partes ou...
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