Acórdão nº 083992 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1993
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 02 de Dezembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR CONST. DIR CIV - TEORIA GERAL / DIR SUC.
Legislação Nacional: CPC67 ART660 N2 ART668 N1 ART677 ART712 ART954 N1. CCIV66 ART67 ART130 ART138 ART148 ART149 ART150 ART257 ART2131 ART2189 B ART2190 ART2199. CONST89 ART208 N2.
Sumário : I - Não é nulo, nos termos do artigo 668 n. 1 d) do Código de Processo Civil de 67, o acórdão da Relação que deixa de apreciar questões prejudicadas pela decisão dada a outras. II - A incapacidade para entender o sentido da declaração é referência meramente valorativa, que, para ser considerada pelo julgador, deve ser apoiada em factos materiais e concretos articulados pelas partes. III - Não sendo ela considerada pelo julgador, nem por isso deve ter-se por violado o artigo 712 do Código de Processo Civil de 67, pois, ao permitir a anulação de acórdão do colectivo para formulação de novos quesitos, pressupõe a necessidade do apuramento de factos materiais, articulados pela parte, controvertidos e relevantes para a decisão. IV - A feitura de um testamento em momento anterior à sentença de interdição do agente, mas posteriormente, não só ao anúncio da acção de interdição...
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