Acórdão nº 068843 de Supremo Tribunal de Justiça (Portugal), 12 de Fevereiro de 1981
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 12 de Fevereiro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART610 ART612 N1 N2. CPC67 ART510 N1 C ART650 F ART672 ART673.
Sumário : I - O acordão da Relação que decide dever a demanda prosseguir, porque os factos ja especificados e quesitados e outros que pudessem ser quesitados no uso da faculdade conferida no artigo 650, alinea f), do Codigo de Processo Civil poderiam levar a conclusão de que coexistiam os requisitos da impugnação pauliana contemplados nos artigos 610 e 612 do Codigo Civil, apenas decide que a acção não podia nem devia ser dirimida no fim dos articulados, pelo que não ha ofensa de caso julgado formal ou processual se vier a ser decidido que os factos considerados assentes não autorizam a ilação de que se verifica a figura juridica esboçada nos citados artigos daquele Codigo. II - A ma fe exigida pelo n. 1 do artigo 612 do Codigo Civil e a ma fe psicologica que exige actuação com conhecimento ou consciencia do prejuizo resultante do contrato oneroso contra que se dirige a impugnação...
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