Acórdão nº 086067 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1995
Magistrado Responsável | PEREIRA CARDIGOS |
Data da Resolução | 07 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR JUDIC - ORG COMP TRIB. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART515 ART633 ART655 N1 ART668 N1 B ART712 N1 ART721 N2 ART722 N2 ART729 N1 ART789. LOTJ87 ART29. CCIV66 ART222 N2 ART394 N1 ART710 N2.
Jurisprudência Nacional: AC STJ DE 1990/06/12 IN BMJ N388 PAG480. AC STJ DE 1993/02/02 IN CJ TI ANOI PAG121. AC STJ DE 1981/06/16 IN BMJ N308 PAG186. AC STJ DE 1982/12/09 IN BMJ N357 PAG336. AC STJ DE 1986/12/04 IN BMJ N361 PAG501. AC STJ DE 1966/10/04 IN BMJ N160 PAG289. AC STJ DE 1970/03/10 IN BMJ N195 PAG233. AC RL DE 1970/04/03 IN JR TII ANOXVI PAG270.
Sumário : I - O Supremo não pode fazer uso dos poderes conferidos pelo artigo 712 ns. 1 e 2 do Código de Processo Civil de 1967. II - Não é lícito ao Supremo censurar o não uso pela Relação desses poderes. III - É lícito ao Supremo censurar o uso que a Relação faz desses mesmos poderes. IV - A convicção determinante da resposta do tribunal colectivo a um quesito não tem, necessariamente, que ser formada apenas através dos meios de prova que tenham sido indicados pelas partes e produzidos a esse quesito. V - A relação entre dois ou mais contratos pode, basicamente, assumir a forma mista, de junção e de união ou coligação de contratos. VI - O contrato-promessa de compra e venda em que se estipula que o...
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