Acórdão nº 076327 de Supremo Tribunal de Justiça, 09 de Fevereiro de 1989
| Magistrado Responsável: | GOMES DOS SANTOS |
| Data da Resolução: | 09 de Fevereiro de 1989 |
| Emissor: | Supremo Tribunal de Justiça |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART217 ART246 ART250 ART268 ART286 ART295 ART353 ART359. CPC67 ART37 ART233 N2 ART234 N3 ART297 ART301 ART473 ART483 ART484 ART491 ART665 ART771 D E F.
Sumário : I - Não se trata, nos autos, de uma confissão tacita em sentido proprio, no sentido rigoroso do artigo 217 do Codigo Civil, mas tão so presumida por lei com o "fim autonomo de disciplina do processo", embora assente na presunção de que a pessoa regularmente citada que não contesta, considera, sem admissão de prova em contrario, verdadeiros os factos alegados pelo autor - artigo 484 do Codigo do Processo Civil. II - Por outro lado, a confissão e uma declaração de ciencia, não uma declaração de vontade negocial, tendo contudo subjacente uma vontade naquele que...
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