Acórdão nº 074241 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1987
Data | 10 Dezembro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPC67 ART137 N1 ART446 ART659 N2 ART712 N1 A ART713 N1. CCIV66 ART221 N1 ART1691 N1 C. LULL ART48 N2. DL 262/83 DE 1983/06/16. CCJ62 ART43 N2 C. PORT 339/87 DE 1987/04/24.
Sumário : I - A decisão sobre o pedido de alteração das respostas aos quesitos, nos termos do artigo 712 n. 1 do Codigo de Processo Civil, implica a apreciação de materia de facto da exclusiva competencia da Relação. Ao Supremo, como Tribunal de revista, cabe, no entanto, apreciar a questão relativa ao bom (ou mau) uso que a Relação tenha feito, ou deixado de fazer, da faculdade que ali lhe e conferida, isto e, a questão de saber se, ao alterar as respostas aos quesitos, o fez por qualquer dos fundamentos previstos em tal normativo, ou se, ao negar a alteração, não tera deixado indevidamente de considerar qualquer deles, o que e ja materia de direito. II - Uma vez reconhecido que, ao contrario do decidido na 1 Instancia, determinado quesito deveria ter obtido resposta negativa, a respectiva alteração deveria fazer-se em cumprimento do disposto no artigo 712 n. 1, alinea a), do Codigo de Processo Civil, independentemente de isso poder, ou não, ter influencia na decisão do pleito, dado que esta apreciação teria o seu lugar proprio na sentença, não podendo assim a alteração ser considerada como acto inutil e incluido na abrangencia do artigo 137 do mesmo diploma. III - Tendo o autor recebido letras do aceite do reu, não como pagamento, mas como garantia "pro...
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