Acórdão nº 0014095 de Court of Appeal of Porto (Portugal), 08 de Junho de 1978
Magistrado Responsável | OLIVEIRA DOMINGUES |
Data da Resolução | 08 de Junho de 1978 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA-ANTUNES VARELA IN CÓDIGO CIVIL ANOTADO V1 PAG247 PAG257. MANUEL ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL 1976 Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART204 N2 ART376 N1 N2 ART393 N2 ART1084 ART1093 N1 A. CPC67 ART617 ART975 ART979.
Sumário: I - O documento particular que titula um contrato de arrendamento do prédio urbano com um terreno de lavradio contíguo e do qual consta que o arrendado se destina à habitação do inquilino, faz prova plena desse fim, nos termos do artigo 376, ns. 1 e 2 do Código Civil, desde que a assinatura do inquilino não foi por este impugnada, nem o documento arguido de falso, nem as respectivas declarações impugnadas com base na falta ou vícios da vontade. II - Definida, nos termos do número anterior, a força probatória do documento particular, é contra ela inadmissível a prova testemunhal - artigo 393, n. 2 do Código...
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