Acórdão nº 069675 de Supremo Tribunal de Justiça (Portugal), 20 de Janeiro de 1982 (caso NULL)
Magistrado Responsável | MARIO DE BRITO |
Data da Resolução | 20 de Janeiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: VAZ SERRA IN PROVAS (DIREITO PROBATORIO MATERIAL) IN BMJ N110 PAG61. M ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL N118 B E N119 I B.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV / TEORIA GERAL. DIR ECON - DIR SEG. DIR PROC CIV.
Legislação Nacional: CCOM888 ART428 PAR2 PAR1 ART433 ART439 PAR1 ART441 PARUNICO. CCIV66 ART376 N1 N2 ART564 ART566 ART798 ART806. CPC67 ART510 N1 A C ART273 N1 N2.
Jurisprudência Nacional: AC STJ DE 1967/12/09 IN RLJ ANO101 PAG269. AC STJ DE 1976/03/16 IN RLJ ANO110 PAG84.
Sumário : I - A força probatoria atribuida ao documento particular não impede que as declarações dele constantes sejam impugnadas com fundamento na falta ou vicios da vontade (simulação, erro, dolo, coacção, etc.). II - Quando a seguradora, de acordo com as Condições Gerais da Apolice, paga o valor dos prejuizos que adveem ao veiculo em consequencia do sinistro, não lhe pode ser exigida uma quantia superior ao valor do...
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