Acórdão nº 073272 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1986
Magistrado Responsável | GOIS PINHEIRO |
Data da Resolução | 24 de Abril de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA DAS OBG GERAL VII 2ED PAG140. P LIMA A VARELA ANOT VI PAG255.
Área Temática: DIR COM. DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCOM888 ART113 ART344. CCIV66 ART389 ART762 N2 ART840. CPC67 ART578 ART653 N2 ART712 N1 A. DL 47690 DE 1967/05/11.
Jurisprudência Nacional: AC STJ DE 1983/07/12 IN BMJ N329 PAG561.
Sumário : I - O Supremo Tribunal de Justiça, como tribunal de revista, não pode alterar a materia de facto apurada pelas instancias, pelo que o poder de modificar as respostas aos quesitos e de uso exclusivo das Relações, so podendo o Supremo censurar o uso que fizerem do disposto no artigo 712 do Codigo de Processo Civil, que não e o caso dos autos. II - A prova pericial e de livre apreciação do tribunal - - artigo 389 do Codigo Civil, podendo o tribunal afastar- -se da mesma, sem necessidade de justificar o desvio, atentas varias razões, entre elas outras provas produzidas que invalidem os respectivos laudos, o que sucedeu no caso presente, com os depoimentos produzidos. III - O processo digrafico de escrituração - lançamento de debitos por fornecimentos e lançamentos de creditos de valores entregues em dinheiro ou titulos cambiarios - sistema designado por conta corrente, não constitui o contrato de conta corrente dos artigos 344 e seguintes do Codigo Comercial. IV - As entregas dos...
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