Acórdão nº 073936 de Supremo Tribunal de Justiça (Portugal), 04 de Junho de 1987
Data | 04 Junho 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: MANDADA AMPLIAR A MATERIA DE FACTO.
Indicações Eventuais: CIT A REIS CPC ANOTADO VIV PAG533.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART270 ART289 ART290 ART432 ART433 ART436 ART442. CPC67 ART646 N4 ART722 N2 ART729 N2 N3. DL 242/85 DE 1985/07/09.
Jurisprudência Nacional: AC STJ DE 1980/04/15 IN BMJ N296 PAG198. AC STJ DE 1974/06/14 IN BMJ N238 PAG217.
Sumário : I - Saber se as respostas aos quesitos foram excessivas ou exorbitantes, havendo que considera-las como não escritas - artigo 646, n. 4 do Codigo de Processo Civil - constitui materia de direito. II - Se as ilações de facto tiradas pela Relação forem incompativeis com o resultado positivo ou negativo da prova definitivamente fixada pelas instancias e não forem encaminhadas para o desenvolvimento logico dessa materia, ja são elas inadmissiveis e, por isso mesmo susceptiveis de censura pelo Supremo Tribunal de Justiça. III - Tendo o promitente-comprador alegado na petição que o promitente-vendedor havia vendido o...
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