Acórdão nº 97B277 de Supremo Tribunal Administrativo (Portugal), 18 de Novembro de 1997 (caso None)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 18 de Novembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART70 ART342 N1 ART483 ART496 N1 N2 ART551 ART566 N2 ART569 ART805 N2 ART806 N3. CPC67 ART305 N1 ART467 N1 ART471 N1 B ART487 ART493 N3 ART498 ART661 ART668 ART690 ART715 N1 ART722 N2 ART729 N2 ART731.
Jurisprudência Nacional: AC STJ DE 1996/10/15 IN DR IS-A DE 1996/11/16.
Sumário : I - O quadro conclusivo elaborado na Relação, quando integre um mero juízo de valor sobre matéria de facto, apoiando-se em simples critérios próprios do bom pai de família, do "homo prudens", do homem comum, é insindicável pelo Supremo. II - As omissões de pronúncia que produzam nulidades têm de ser arguidas no recurso da decisão respectiva. III - O princípio da substituição não vigora, no âmbito do recurso de revista, quanto às nulidades cometidas nos acórdãos da Relação. IV - O facto de o montante da indemnização ser fixado segundo um juízo de equidade não significa só por si que o lesado não possa pedir uma quantia certa desde que lhe seja possível determinar, de modo definitivo, as consequências do facto ilícito: esta circunstância, no entanto, não se verifica quando o autor alegue que os danos só cessarão com a sentença. V - Quando os actos das partes exprimem uma vontade no plano processual, como na formulação do pedido, o critério relevante para a sua apreciação é, sobretudo, de índole declarativista, inadequado à disciplina dos negócios jurídicos. VI - A dedução de um pedido genérico exclui a fixação de...
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