Acórdão nº 081385 de Supremo Tribunal de Justiça (Portugal), 04 de Maio de 1993 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 04 de Maio de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS.
Legislação Nacional: L 38/87 DE 1987/12/23 ART29. CPC67 ART712 ART721 N1 ART722 N2 ART729 N1. CCIV66 ART227 ART236 N1 ART334 ART407 ART410 N3 ART442 ART762 N2 ART763 N1 ART830 ART879 B ART985.
Jurisprudência Nacional: AC STJ IN BMJ N343 PAG351. AC STJ IN BMJ N345 PAG382. AC STJ IN BMJ N360 PAG609. AC STJ IN BMJ N362 PAG526. AC STJ IN BMJ N374 PAG436.
Sumário : I - O Supremo só conhece matéria de direito e não lhe cabe apreciar matéria de facto fixada pelas instâncias ou censurar o erro na apreciação das provas e na fixação dos factos materiais da causa, salvo o caso excepcional previsto na parte final do n. 2 do artigo 722 do Código de Processo Civil. II - É matéria de facto apurar a vontade real das partes se bem que seja matéria de direito a determinação do sentido jurídico relevante da declaração negocial expressa em carta de uma delas em função do critério do entendimento de um declaratário normal. III - Está de acordo com as regras da boa fé e é...
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