Acórdão nº 085942 de Supremo Tribunal Administrativo (Portugal), 30 de Novembro de 1994 (caso None)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 30 de Novembro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART664 ART668 N1 C ART722 ART729. CCIV66 ART473 ART474.
Sumário : I - A alínea c) do n. 1 do artigo 668 do Código do Processo Civil procura abranger a contradição real entre fundamentos e decisão, não se referindo a contradições aparentes. II - Os tribunais apenas estão limitados pela alegação dos factos, mas já não quanto à aplicação e interpretação das regras de direito (artigo 664 do Código de Processo Civil). III - Tendo sido alegados pelo Réu os factos de que a Relação se serviu para extrair a conclusão de que o Autor incumpriu o contrato-promessa de trespasse - já que, muito depois deste, celebrou com outrém que não o réu contrato de arrendamento tendo por objecto a loja onde o estabelecimento estava fixado e, por outro lado, que o Autor recebeu este estabelecimento das mãos do réu e pagou o preço prometido sem que tivesse sido lavrada a escritura pública, a conclusão de que não houve contrato de trespasse contem-se na factualidade alegada. IV - Além disso, encontrando-nos no domínio da intenção real das partes...
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