Acórdão nº 076719 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1989
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 13 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A REIS ANOT III PAG288. M ANDRADE NOÇ ELEM PROC CIV I PAG192.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART236 ART238 ART595 N1 B ART599 N1 ART730 C ART736 N1 ART749 ART752 ART804 ART806 N1 N2 ART1248. CPC67 ART659 N3 ART676 ART690 N1 N3 ART713 N2 ART721 N1 N2 ART722 N2 ART729 N1 ART1225.
Sumário : I - Constitui materia de facto as conclusões ou ilações que a Relação tera dos factos tidos por apurados no exercicio de um raciocinio dedutivo que tenha em vista o desenvolvimento logo desses factos. II - O ambito do recurso e fixado nas conclusões da alegação, so podendo o tribunal conhecer delas ou de outras de que possa conhecer oficiosamente, sendo o objecto do recurso demarcado pelo conteudo e limites da decisão recorrida. III - Tendo o credito do Gabinete e Gestão do Fundo do Desemprego para com a firma falida sido relacionado pelo Administrador, embora não reclamado, na transacção havida para por termo a falencia o mesmo foi tomado em consideração, pois nenhuma restrição houve quanto a esses creditos. IV - Tendo a Autora comprado todo o activo e passivo da firma falida, apos essa transacção, esse credito do "Gabinete" entrou no contrato, pois a Autora não o podia ignorar, conforme concluiu a Relação na interpretação da transacção e do contrato de compra e venda, não tendo relevancia o ser ou não credito...
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