Acórdão nº 081127 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1992
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 05 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: NEGADA A REVISTA. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART487 N2 ART502 N1 ART729 N2. CCIV66 ART217 ART376 ART544.
Sumário : I - Se o reu aduz situações que se traduzem em factos novos que, servindo de causa impeditiva, modificativa ou extintiva parcial do direito invocado pelo autor, são susceptiveis de determinar a improcedencia total ou parcial do pedido - o que significa que constituem excepções peremptorias, conforme resulta do artigo 487 n. 2 do Codigo de Processo Civil - o autor pode responder as referidas materias na replica. II - Nos termos do artigo 729 do Codigo de Processo Civil, a decisão da 2 instancia, quanto a materia de facto, não pode ser alterada, salvo havendo ofensa duma disposição expressa da lei que exija certa especie de prova para a existencia do facto ou que fixe a força probatoria de determinado meio de prova. III - Não exigindo a lei certa especie de prova para a determinação do valor definitivo da empreitada, tem de aceitar-se o decidido pela Relação. IV - Os documentos não manuscritos ou assinados por quem quer que seja, mas, e aparentemente...
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