Acórdão nº 0091112 de Court of Appeal of Lisbon (Portugal), 16 de Outubro de 1997
Magistrado Responsável | SANTOS BERNARDINO |
Data da Resolução | 16 de Outubro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART772 ART776 ART804 N2 ART805 N1 ART848 N1 ART1038 A ART1048 ART1093 N1 A. CPC67 ART646 N4 ART712 N1 ART991 ART979 ART1024 N1. RAU90 ART58 N1 N2 N3.
Jurisprudência Nacional: AC RL DE 1992/03/24 IN CJ ANOXVII T2 PAG142. AC STJ DE 1992/10/13 IN BMJ N420 PAG517. AC STJ DE 1984/12/11 IN BMJ N342 PAG355. AC RP DE 1989/05/11 IN CJ ANOXVI T3 PAG192. AC RC DE 1988/03/01 IN CJ ANOXIII T2 PAG52. AC RL DE 1985/11/26 IN CJ ANOX T5 PAG95. AC STJ DE 1974/06/04 IN BMJ N238 PAG211. AC STJ DE 1983/02/22 IN BMJ N324 PAG545. AC RC DE 1978/02/15 IN CJ ANOIII T1 PAG288. AC RE DE 1991/02/21 IN CJ ANOXVI T1 PAG303.
Sumário: I - Aos quesitos devem ascender apenas factos e não já os juízos valorativos de facto, nem as questões de direito. II - Não pode prevalecer uma resposta do Colectivo - seja ela afirmativa ou negativa - a matéria sobre a qual não podia incidir a prova produzida em julgamento e submetida à apreciação daquele Tribunal. III - Assim, a resposta de não provado em quesito que contém matéria de direito, deve ter-se como não escrita relativamente a essa matéria, incidindo a resposta tão só sobre a matéria de facto desse quesito. IV - As ilações ou conclusões de factos provados em 1. instância, fundadas nas regras da experiência retiradas pela, Relação sem que com isso alterem as respostas daquele tribunal, não podem ir em contrário do decidido pelo...
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