Acórdão nº 0068341 de Court of Appeal of Lisbon (Portugal), 23 de Novembro de 1993
Magistrado Responsável | PEREIRA DA SILVA |
Data da Resolução | 23 de Novembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: P PGR DE 1982/07/08 IN BMJ N324 PAG384. P PGR N137/82 DE 1982/12/21. PIRES DE LIMA ANTUNES VARELA CC ANOTADO V5 PAG300.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT / TEORIA GERAL / DIR OBG.
Legislação Nacional: CONST82 ART96 A ART97 N1 N2. CCIV66 ART212 N2 ART309 ART334 ART476 N2 ART498 ART509 N1 N2 ART769 ART798 ART799 N1 ART804 N1 N2 ART805 N1 ART806 N1 N2 ART1305. CPC67 ART490 N1 ART511 N1 N5 ART690 N1. DL 406-A/75 DE 1975/07/29. DL 407-A/75 DE 1975/07/30. DL 492/76 DE 1976/06/23 ART1. DL 260/77 DE 1977/06/21 ART1 N1 ART2 N2 C D ART8 ART9 N1 N2 ART10 N1 A ART15 N3 B. DL 98/80 DE 1980/05/05. DL 407-B/75 DE 1975/07/30.
Jurisprudência Nacional: AC STJ DE 1981/10/06 IN BMJ N312 PAG309. AC RL PROC6210 DE 1993/01/26. AC RE DE 1981/02/12 IN CJ T1 PAG107. AC STJ DE 1974/06/04 IN BMJ N238 PAG211. AC STA DE 1988/04/14 IN BMJ N376 PAG462. AC RP DE 1989/05/11 IN CJ T3 PAG192.
Sumário: I - Só devem ser especificados ou quesitados factos materiais simples e não juízos de valor ou conclusões extraídas das realidades concretas. É conclusiva a alegação de que o comportamento do Autor está em contradição com o que assumira no passado. Não pode também quesitar-se, por versar matéria de direito, a alegação de que outrém, que não a Ré, devia o Autor demandar, para cobrar o que à demandada peticionara. II - A resposta negativa a um quesito apenas significa não se ter provado o facto quesitado, e não que se tenha provado o facto contrário, tudo se passando como se aquele facto não tivesse sido articulado. III - Na zona de intervenção da Reforma Agrária, mesmo antes da entrada em vigor do DL 260/77, de 21/06, era regra a...
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