Acórdão nº 0069381 de Supremo Tribunal Administrativo (Portugal), 25 de Maio de 1993 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 25 de Maio de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART358 ART361 ART371 ART1038 C. CPC67 ART63 N1 N5 ART653 N2 ART712 N2 ART791 N1. DL 149/87 DE 1987/03/30 ART1. DL 217/88 DE 1988/06/27 ART1 N2.
Jurisprudência Nacional: AC RP DE 1971/03/17 IN BMJ N205 PAG261. AC STJ DE 1985/03/05 IN RLJ T23 PAG148.
Sumário: I - Só a confissão judicial que a parte, ao prestar depoimento de parte, faça e que se queira fazer valer com força probatória plena tem que ser registada em acta, reduzindo-se assim à escrita a confissão judicial e o reconhecimento de factos desfavoráveis com valor a apreciar livremente pelo tribunal, em conjugação com as demais provas, não tem que ser reduzida a escrito - arts. 358 e 361, do Código Civil e 563 n. 1 e 791 n. 1 do Código do Processo Civil. II - Não integra vício, nomeadamente o de obscuridade, a circunstância de o julgador fundamentar a resposta de "não provado" dada a determinado quesito, explicando assim o porquê de tal decisão, a lei impõe a fundamentação das respostas julgando provados determinados factos, mas não proibe a fundamentação das respostas negativas - art. 653 n. 2 do Código do Processo Civil. III - A anulação das respostas dadas aos quesitos com fundamento em contradição - art. 712 n. 2 do Código do Processo Civil - só é possivel quando os conteúdos delas sejam absolutamente inconciliáveis entre si. IV - Não cabe a anulação do julgamento da matéria de facto se a contradição entre respostas a quesitos respeitar a matéria de...
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