Acórdão nº 076226 de Supremo Tribunal de Justiça (Portugal), 06 de Outubro de 1988
Data | 06 Outubro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: SA CARNEIRO RT ANO63 PAG34. A REIS ANOT VV PAG141. A VARELA MAN PROC CIV PAG670.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART529. CCIV66 ART336 ART342 N2 ART1314 ART1389 ART1390 N1 N2. D 5787-IIII DE 1919/05/10 ART99 PARUNICO. CPC67 ART1 ART659 N2 ART668 N1 B ART712 N2.
Jurisprudência Nacional: AC STJ DE 1954/03/12 IN BMJ N42 PAG171. AC STJ DE 1986/05/28 IN BMJ N357 PAG349. AC STJ DE 1985/07/11 IN BMJ N349 PAG6454. AC STJ DE 1974/12/03 IN BMJ N242 PAG212. AC RP DE 1944/11/15 IN RT ANO63 PAG34.
Sumário : I - Não se comete a nulidade do artigo 868, n. 1, alinea b), relacionado com o artigo 659, n. 2, ambos do Codigo de Processo Civil, não se indicando as normas juridicas em que se apoia a decisão, desde que se mencionem os principios juridicos, as regras, as normas, a doutrina legal em que se apoia a sentença, o que se verifica no caso dos autos. II - O artigo 712, n. 2 do Codigo de Processo Civil concede a Relação a faculdade de anular a decisão do colectivo quando repute deficientes, obscuras ou contraditorias as respostas aos quesitos, poder so da Relação - artigo 722, n. 2 do mesmo Codigo, so podendo o Supremo contestar a decisão da Relação, na hipotese desta ter usado dessa faculdade, o que não se verificou. III - As aguas podem ser adquiridas por...
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