Acórdão nº 081307 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 1992
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 19 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART217 ART344 N1 ART350 ART1051 N1 D ART1093 A D G I ART1109 N1 A B N2. DL 420/76 DE 1976/05/28 ART1 B. DL 293/77 DE 1977/07/20 ART28. DL 445/74 DE 1974/09/12 ART5 N4.
Jurisprudência Nacional: AC STJ DE 1985/04/24 IN BMJ N346 PÁG235. ASS STJ DE 1984/10/18 IN RLJ ANO119 PÁG151.
Sumário : I - A lei civil estabeleceu vários casos de presunção de economia comum que não é necessário provar, bastando provar as situações de facto e de direito em que a lei funda a presunção, invertendo-se o ónus da prova nos termos dos artigos 344 n. 1 e 350 do Código Civil, o que quer dizer, que, verificando-se alguma das situações previstas no n. 2 do artigo 1109 do Código Civil cumpria aos autores provar que, não obstante essa situação, não havia economia comum. II - O n. 2 do artigo 1109 do Código Civil visa alargar a presunção de...
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