Acórdão nº 067640 de Supremo Tribunal de Justiça (Portugal), 14 de Março de 1979
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 14 de Março de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART490 N4 ART650 N2 F ART712 N2 ART722 N2 ART729 N2. DL 468/71 DE 1971/11/05 ART3 N1 N2 ART5 ART8.
Jurisprudência Nacional: AC STJ DE 1958/02/14 IN BMJ N74 PAG496. AC STJ DE 1960/04/08 IN BMJ N96 PAG237. AC STJ DE 1962/04/06 IN BMJ N116 PAG496. AC STJ DE 1962/11/30 IN BMJ N121 PAG279. AC STJ DE 1962/11/16 IN BMJ N121 PAG225.
Sumário : I - A censura a fazer a Relação, por não ter usado dos poderes que lhe são conferidos pelo artigo 712 do Codigo de Processo Civil, relativamente a emenda de vicios de que enfermava a especificação, apenas se justifica se a emenda dos vicios apontados se apresentar como necessaria a boa e justa decisão da causa, o que não acontece, designadamente, quando a materia de facto apurada nas respostas ao questionario constitui base suficiente para a decisão de direito. II - Entendendo a Relação que não existe contradição entre uma alinea da especificação e uma resposta a um quesito, e fixando ela, de certa maneira, os factos materiais da causa, não importa se com erro na sua apreciação e fixação, dado o disposto no n. 2 do artigo 722 do Codigo de Processo Civil, não se justificava a anulação da decisão do Colectivo sobre a resposta a um quesito e, por isso, não tinha a Relação fundamento para usar dos poderes conferidos pelo n. 2 do citado artigo 712. III - O artigo 8 do Decreto-Lei n. 468/71, de 5 de Novembro, ressalva o direito de propriedade privada sobre parcelas de leitos ou margens das aguas...
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