Acórdão nº 080970 de Supremo Tribunal Administrativo (Portugal), 05 de Dezembro de 1991 (caso None)
Magistrado Responsável | PEREIRA DA SILVA |
Data da Resolução | 05 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART646 N3 ART712 N2 ART729 N1 N2. CCIV66 ART343 N2 ART1117 N2 ART1410. DL 321-B/90 DE 1990/10/15 ART49.
Sumário : I - Nos termos dos artigos 646, n. 3 e 712, n. 2, ambos do Código de Processo Civil, da possível contradição entre a resposta e as alíneas da especificação, a Relação apenas pode considerar a resposta como não escrita, mas não pode anulá-la. II - Há contradição entre as respostas dadas ao questionário ou entre estas e a especificação quando há colisão entre o que se disse num lado e aquilo que se diz no outro. III - As respostas negativas que foram dadas a determinados quesitos só podiam envolver contradição com a resposta positiva dada a outro quesito, se todos eles respeitassem ao mesmo facto encarado na mesma perspectiva. IV - Nos termos do artigo 1410, n. 1 do Código Civil, o direito de preferência deve ser exercido no prazo de 6 meses, a contar da...
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