Acórdão nº 074436 de Supremo Tribunal de Justiça (Portugal), 24 de Março de 1987
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 24 de Março de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATERIA DE FACTO.
Indicações Eventuais: R BASTOS NOTAS III P337 P364. C MENDES PROC1980 P206 P209. A VARELA E OUTROS MANUAL 2ED P656. R MENDES DIR PROC CIV VIII PAG420 NOTA1.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART276 ART730 N1 ART925. CPC67 ART646 N4 ART664 ART712 N1 N2 ART729 N3.
Jurisprudência Nacional: AC STJ DE 1975/03/07 IN BMJ N245 PAG265. AC STJ DE 1976/06/25 IN BMJ N258 PAG216.
Sumário : I - A Relação so pode alterar as respostas do tribunal colectivo nas tres hipoteses referidas no artigo 712, n. 1 do Codigo de Processo Civil; por sua vez o Supremo Tribunal de Justiça so pode censurar a aplicação que a Relação faça do ai disposto, pois não observando os limites ai estabelecidos, ha violação de lei, o que constitui materia de direito. II - Ao Supremo Tribunal de Justiça so e licito mandar ampliar a materia de facto por forma a constituir base suficiente para a decisão de direito, quando tal seja possivel, com o limite de os factos a ampliar terem sido alegados - artigo 664 e 729, n. 3 do Codigo de Processo Civil. III - O excesso na resposta a um quesito não se integra nos casos de faculdade de alteração previstos no artigo 712, n. 1 do Codigo de Processo Civil, por isso, a...
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