Acórdão nº 081997 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1992
Magistrado Responsável | AMANCIO FERREIRA |
Data da Resolução | 03 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART489 ART672 ART712 N2. CCIV66 ART487 N2 ART508 N1.
Sumário : I - O princípio da preclusão ou da eventualidade, um dos princípios enformadores do processo civil, impõe, nos termos do artigo 489 do Código de Processo Civil, que toda a defesa seja deduzida na contestação, a menos que seja superveniente. II - A faculdade conferida pelo artigo 712 n. 2 do Código de Processo Civil é para ser usada exclusivamente pela Relação, não competindo ao Supremo exercê-la. Esta circunstância não obsta a que o Supremo exerça uma censura muito discreta e limitada sobre a decisão anulatória da Relação, quando ela não se contenha dentro dos limites legais. III - A subsunção da realidade fáctica apurada pela Relação à cláusula geral da "diligência de um bom pai de família", a que alude o artigo 487 n. 2 do Código Civil, cai no âmbito dos poderes do Supremo, por se...
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