Acórdão nº 083459 de Supremo Tribunal de Justiça (Portugal), 27 de Abril de 1993
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 27 de Abril de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO115 PAG287. VARELA MANUAL DE PROC CIV PAG286. ANSELMO CASTRO DIR PROC CIV VIII PAG209.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1 N1 ART2. DL 321-B/90 DE 1990/10/15 ART1 N1 ART3 N1 D. CPC67 ART490 N3 ART722 N2 ART1460 ART1465. CCIV66 ART242 N2 ART364 N1 ART374 ART376 ART393 N1. DL 13/86 DE 1986/01/23 ART1 N3.
Jurisprudência Nacional: AC STJ DE 1986/04/10 IN BMJ N356 PAG329.
Sumário : I - A simples "contestação por negação", declarada inadmissivel pelo n. 3 do artigo 490 do Código de Processo Civil, reconduz-se apenas a "negação global dos factos" em negação em bloco, indiscriminado. II - O disposto nos artigos 374 e 376 do Código Civil só pode valer "em relação às declarações atribuidas aos subscritores do documento e na medida em que forem contrárias aos seus interesses", e, tendo havido impugnação de factos, "compete aos apresentantes do documento a prova da veracidade das declarações nele contidas". III - No artigo 2 da Lei n. 63/77 de 25 de Agosto, não se impõe a licitação pelo simples facto de haver mais de um locatário mas apenas...
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