Acórdão nº 0077561 de Court of Appeal of Lisbon (Portugal), 26 de Abril de 1994
| Magistrado Responsável | LOPES BENTO |
| Data da Resolução | 26 de Abril de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Indicações Eventuais: CARNELUTTI IN SISTEMA V1 PAG417 - ALBERTO DOS REIS IN CÓDIGO DE PROCESSO CIVIL ANOTADO V3 PAG52.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART490 N1 ART511 N1 ART712 N2.
Jurisprudência Nacional: AC RC DE 1976/05/26 IN CJ ANOI T2 PAG286.
Sumário: I - O ónus de impugnação especificada imposto no art. 490, n. 1 do CPC, não obriga o demandado a utilizar necessariamente uma negação "per positionem", sendo perfeitamente legítima e eficaz, no plano processual, a negação simples, desde que dirigida, concreta e definidamente, a factos...
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