Acórdão nº 2269/06.8TVLSB.L1-8 de Court of Appeal of Lisbon (Portugal), 15 de Dezembro de 2009
Data | 15 Dezembro 2009 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: 1ª - No actual sistema processual civil continua a haver lugar a uma apreciação imediata da natureza impertinente ou dilatória da fixação do objecto da perícia previsto no artigo 578º, que pode conduzir a uma imediata rejeição da diligência.
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- Todavia, deixou de ter lugar a formulação de quesitos a que os peritos hão-de responder, podendo as partes limitar-se a enunciar as questões de facto que pretendem ver esclarecidas através da diligência.
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– Em sede de impugnação da decisão proferida sobre a matéria de facto, o tribunal de segunda instância não vai à procura de uma nova convicção, mas à procura de saber se a convicção do tribunal a quo tem suporte razoável naquilo que a gravação da prova pode exibir perante si.
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- A Relação só deverá alterar a matéria de facto em que assenta a decisão recorrida se, reapreciada a mesma, for evidente a grosseira apreciação e valoração que foi feita na primeira instância.
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- Tratando-se de um contrato celebrado por tempo indeterminado, nada obstava que a ré pudesse livremente fazer cessar o contrato de concessão comercial, não carecendo de ser motivada. A denúncia justifica-se como meio de pôr termo a uma vinculação indefinida dos contraentes.
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- A antecedência mínima com que a declaração de denúncia, formulada por escrito, deve ser comunicada ao outro contraente é fixada nas alíneas do nº 1 do artigo28º do citado diploma.
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- A indemnização de clientela, consagrada no...
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