Acórdão nº 064374 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1973
Data | 09 Março 1973 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART26 ART203 N1 ART277 N2 ART283 N2 ART653 N2 ART655. CCIV66 ART297 N1 ART1259 ART1296 ART1497 ART1498. CCIV867 ART529.
Jurisprudência Nacional: AC STJ DE 1971/10/22 IN BMJ N210 PAG80.
Sumário : I - A nulidade resultante da falta de comunicação do falecimento dum dos compartes e apenas estabelecida a favor dos representantes do falecido que não estão no processo como partes. II - Assim, so estes podem arguir a nulidade dos actos processuais praticados entre a data da morte e a da suspensão da instancia, não devendo, pois, conhecer-se da possivel existencia da nulidade, se ela foi arguida pela outra parte. III - Constitui materia que escapa a censura do Supremo Tribunal de Justiça saber se a prova testemunhal era ou não suficiente para conduzir a fixação da materia de facto constante dos quesitos, visto tratar-se de factos que não exigiam prova especifica, não sendo por isso violada qualquer norma de direito probatorio. IV - Não compete ao mesmo Tribunal conhecer da deficiencia de respostas a quesitos, pois isso traduz materia de facto. V - Deve entender-se que o Tribunal Colectivo especificou devidamente os fundamentos que foram decisivos para formar a sua convicção, nos termos do artigo 653, n. 2, do Codigo de Processo Civil, se referiu que "as respostas positivas aos quesitos se basearam no teor dos documentos e nos depoimentos de testemunhas que deles tinham conhecimento directo, umas por serem funcionarios da Camara e as restantes por serem pessoas vizinhas dos autores". VI - Os baldios são propriedade privada das...
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