Acórdão nº 077758 de Supremo Tribunal de Justiça (Portugal), 21 de Novembro de 1991
Magistrado Responsável | PIRES DE LIMA |
Data da Resolução | 21 de Novembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART193 N2 A ART288 N1 B ART474 ART477 ART494 N1 A ART511 N4 ART659 N3 ART722 N2 ART729. CCIV66 ART342 ART1038 G ART1093 N1 D F.
Jurisprudência Nacional: AC STJ DE 1982/07/09 IN BMJ N319 PAG234. AC STJ DE 1984/05/03 IN BMJ N337 PAG182.
Sumário : I - Não ha nulidade por omissão de pronuncia de acordão da Relação no tocante a resposta a quesito se, embora de forma generica, o acordão menciona que "no que concerne a alteração das respostas aos quesitos, não se ve fundamento para o pedido que se faz". II - Não ha nulidade por omissão da factualidade dada como provada em resposta a certos quesitos, se na resposta se da como "provado apenas o que consta do documento de fls....", pois, respondendo-se dessa forma, considera-se não provado o que em concreto se pergunta nos quesitos, para se considerar apenas como certo o que se poderia retirar do citado documento, e a Relação tomou em conta este facto. III - Materia de reclamação contra a especificação e o questionario tem como ultima Instancia o Tribunal da Relação, fora da ressalva contemplada no artigo 722, n. 2 do Codigo de Processo Civil. IV - A falta da causa de pedir constitui ineptidão (artigo 193, n. 2, id.) e da origem, numa fase, ao indeferimento liminar (artigo 474, id.), e noutra fase a absolvição da instancia (artigo 494, n. 1, alinea a) e artigo 288, n. 1, alinea h), id.). V - A insuficiencia ou deficiencia da causa de pedir pode dar origem a um despacho de aperfeiçoamento (artigo 470, id.), que pode ou...
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