Acórdão nº 070199 de Supremo Tribunal de Justiça (Portugal), 09 de Novembro de 1982
| Magistrado Responsável | CORTE REAL |
| Data da Resolução | 09 de Novembro de 1982 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART484 N2 ART489 N1 ART722 N2. CCIV66 ART342 N1 N2 ART364 N1 N2 ART428 N1.
Jurisprudência Nacional: AC STJ DE 1963/03/15 IN RLJ N96 PAG299.
Sumário : I - Não havendo contestação em processo ordinário, consideram-se provados os factos articulados, mesmo a existência de procuração formal escrita, pois o que se impede é que a declaração negocial que deva revestir esta forma seja substituída por outro meio de prova. II - A defesa por excepção só pode ser invocada na contestação: não a havendo, não pode ser deduzida nas alegações do Réu nem o tribunal dela conhecer oficiosamente. III - Defende-se por via de excepção o Réu que fundamenta a sua defesa na exceptio non adimpleti contractus; e dela conhece oficiosamente o tribunal que fundamenta a...
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