Acórdão nº 087579 de Supremo Tribunal de Justiça (Portugal), 11 de Janeiro de 1996
Magistrado Responsável | SOUSA INES |
Data da Resolução | 11 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO122 PÁG249 NOTA2.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART217 ART1219. DL 242/85 DE 1985/07/09. CPC67 ART712 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1991/07/03 IN BMJ N409 PAG683. AC STJ DE 1991/05/23 IN BMJ N407 PAG351. AC STJ DE 1992/02/02 IN RLJ TI PAG118. AC STJ DE 1990/03/07 IN BMJ N395 PAG253.
Sumário : I - Ao Supremo Tribunal de Justiça é proibido censurar o não uso pela Relação, dos poderes conferidos no artigo 712 do Código de Processo Civil, mas só o uso que dele faça e, mesmo assim, de forma discreta e muito limitada, dado o disposto no artigo 722 do Código de Processo Civil, não se encontrando qualquer facto, oportunamente alegado, que impute o uso por este Supremo Tribunal da faculdade do disposto no artigo 729, n. 3 do C.P.C.. II - A aceitação da obra, como acto de vontade, distingue-se da singela materialidade do recebimento ou recepção consistente em a obra passar das mãos do empreiteiro para as do seu...
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