Acórdão nº 069006 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1981 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 11 de Junho de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CPC67 ART722 N2 ART729 N2. CCIV66 ART280 N2 ART281 ART294 ART349 ART352 ART1688 ART1689 ART1714 ART1788 ART1795 A. CCIV867 ART1105 ART1121 ART1211. D 1910/11/03 ART26.
Sumário : I - O acórdão da Relação que, ao apreciar a excepção de caducidade da acção de anulação de partilha, se pronunciou no sentido de que, a serem verdadeiros os factos invocados pela Autora caracterizadores de dolo por parte do Réu na escritura de partilha, deles teve aquela conhecimento há mais de um ano antes da propositura da acção, não faz caso julgado quanto à existência do dolo, até porque não chegou a pronunciar-se sobre a veracidade da tais factos. II - Tendo as Instâncias dado por assente que, a terem sido verdadeiros tais factos, a Autora deles teve conhecimento há mais de um ano antes da propositura da acção, tratando-se de matéria de facto, o Supremo não pode censurar tal decisão, por não se verificar qualquer dos casos excepcionais previstos no n. 2 do artigo 722 do Código de Processo Civil. III - A questão de saber se certos documentos constituem meios de prova conexos com a excepção de caducidade traduz-se em conhecer do eventual...
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