Acórdão nº 076295 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1988
Data | 30 Junho 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART668 N1 B C D ART712 N2. CE54 ART7. CCIV66 ART505.
Jurisprudência Nacional: AC STJ DE 1983/02/03 IN BMJ N324 PAG504. ASS STJ DE 1944/07/23 IN BMJ ANO4 PAG387. AC STJ DE 1977/05/10 IN BMJ N267 PAG103. AC RE DE 1981/12/09 IN BMJ N314 PAG382.
Sumário : I - O Supremo Tribunal de Justiça não tem poder de censura sobre o uso que a Relação possa, ou não, fazer do poder de anulação da decisão do colectivo previsto pelo n. 2 do artigo 712 do Codigo de Processo Civil. II - Da resposta negativa dada a um quesito, não pode fazer-se prevalecer a prova de facto contrario. III - Dai que, ao especificarem os fundamentos de facto e de direito em que justificaram as suas decisões, sem atenderem as respostas negativas, os Tribunais de Instancia não hajam incorrido em qualquer das nulidades das alineas b), c) e d) do n. 1 do artigo 668 do Codigo de Processo Civil. IV - O Supremo Tribunal de Justiça so pode apreciar da culpa do condutor de um veiculo, na produção de um acidente, quando esta se traduza em violação de norma legal ou regulamentar, ignorando-se qual a velocidade a que seguia o veiculo aquando do acidente, e tendo as instancias concluido no sentido de se não ter provado o...
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