Acórdão nº 076170 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1989 (caso NULL)
Magistrado Responsável | SOARES TOME |
Data da Resolução | 09 de Março de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC / DIR CONTRAT / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART240 ART241 ART262 ART371 ART376 N1 N2 ART947 ART1157 ART1161 E ART1178. CPC67 ART722 N2.
Sumário : I - A escritura notarial so faz prova plena, quanto aos factos que a mesma atesta terem sido praticados ou percebidos pelo notario, como o do vendedor ter recebido o preço: mas não mais como o de o preço real corresponder ao declarado. II - Estando apenas provado que o mandatario da vendedora em contrato de compra e venda recebeu o preço das vendas e ficando por provar quais as quantias exactas recebidas, avisado sera relegar a clarificação da situação para execução de sentença. III - Na impossibilidade de o Supremo Tribunal de Justiça dar como provado aquilo que o recorrente pretendia que assim se desse , dado competir as instancias a fixação dos factos materiais da causa, não...
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