Acórdão nº 066745 de Supremo Tribunal de Justiça (Portugal), 08 de Novembro de 1977
Magistrado Responsável | FERREIRA COSTA |
Data da Resolução | 08 de Novembro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART712 N1 B. CCIV66 ART352 ART358. CCOM888 ART33 ART37. LSQ ART34 ART46 PAR1 ART190.
Jurisprudência Nacional: AC STJ DE 1967/01/18 IN BMJ N163 PAG203.
Sumário : I - A alteração, pela Relação, da resposta a um quesito ( simplesmente dado como não provado pelo Tribunal Colectivo ) e admissivel quando os elementos fornecidos pelos autos impuseram uma resposta diversa, insusceptivel de ser destruida por quaisquer outros ( n. 1, alinea b ), do artigo 712 do Codigo de Processo Civil ). II - Havendo, de acordo com o disposto nos artigos 352 e 358 do Codigo Civil, uma declaração confessoria com o valor de prova plena - e o caso de determinada acta de uma assembleia geral de uma sociedade por quotas, que não sofreu impugnação, em que se justifica certa falta no balanço e contas - e legitimo o uso dos poderes de alteração da materia de facto. III - O balanço visa, pelo menos, determinar se no final do exercicio periodico da actividade da...
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