Acórdão nº 063966 de Supremo Tribunal de Justiça (Portugal), 14 de Junho de 1972
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 14 de Junho de 1972 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART274 N2 B ART653 N2 N3 ART668 N1 E ART712 N3 ART716 N1. CPC61 ART653 N1 N4. CCIV66 ART916 ART1207 ART1210. CCIV867 ART1396. CCOM888 ART470 ART471.
Jurisprudência Nacional: AC STJ DE 1966/10/04 IN BMJ N160 PAG289. AC STJ DE 1970/03/10 IN BMJ N195 PAG233. AC STJ DE 1967/12/05 IN BMJ N172 PAG230.
Sumário : I - Não sendo as respostas a alguns quesitos essenciais para a decisão da causa, mas apenas meramente circunstanciais, não e de exigir a sua fundamentação. II - Assim, nenhuma consequencia se pode extrair da falta de fundamentação das mencionadas respostas, tanto mais que não foi formulada qualquer reclamação contra essa falta e que na alegação não foi requerido, pelo menos com a necessaria clareza, que se mandasse o Tribunal Colectivo efectuar a fundamentação. III - E suficiente a fundamentação dada pelo Tribunal Colectivo a algumas respostas quando este faz a menção dos meios concretos de prova em que se baseou. IV - Nada tem de censuravel o facto de, na fundamentação da resposta a um quesito, se mencionarem depoimentos de testemunhas que não foram indicadas para depor directamente sbre a materia dele constante. V - Tendo o reu reconhecido, na contestação, dever a autora determinada quantia incluida no montante do pedido, nunca a acção podia ter sido julgada totalmente improcedente, pelo que, tendo-o sido, se verifica nas decisões das instancias a nulidade prevista na alinea e) do n. 1 do artigo 668 do Codigo de Processo Civil. VI - Tendo-se a autora encarregado de fazer obras para o reu com materiais por ela fornecidos, mediante retribuição proporcionada a quantidade de trabalho executado, verificam-se todos os requisitos do contrato de empreitada, estabelecidos pelo artigo 1396 do Codigo Civil de 1867, ao...
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