Acórdão nº 065323 de Supremo Tribunal de Justiça (Portugal), 12 de Julho de 1974
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 12 de Julho de 1974 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART372 ART875. CPC876 ART336 PAR4.
Sumário : I - A falsidade parcial dos documentos autenticos e susceptivel de, por si so, em certos casos, ilidir toda a respectiva força probatoria. Tal o que se passa quando, por exemplo, houver relação de inteira dependencia entre o conteudo verdadeiro de certo documento e a parte falsificada, de modo que esse documento - por força da falsificação - fique sem sentido ou represente o logico corolario da mesma. Assim, se se falsificar a assinatura das partes, se estas forem supostas ou se houver suposição de factos essenciais ao negocio documentado, a falsidade estende-se a todo o documento, ficando, pois, ilidida toda a sua força probatoria. II - Porem, a simples menção de facto não declarado pelas partes - que, no entanto, se procura fazer passar como tal -, sem força para enfermar o negocio atinente e...
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