Acórdão nº 0310266 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1991
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 22 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART638 N1 ART653 N2 ART664 ART708 ART712 N1 N3.
Sumário: I - Se alguma das respostas aos quesitos não contiver, como fundamentação, a menção pelo menos dos meios concretos de prova em que se haja fundado a convicção do julgador e a resposta for essencial para a decisão da causa, a Relação pode mandar que o colectivo ( ou juiz singular ) fundamente a resposta, repetindo, quando necessário, a produção dos meios de prova que interessem à fundamentação. II - Todavia, o poder de mandar suprir a falta de fundamentação não pode ser exercido oficiosamente, pois depende de requerimento do interessado. III - A baixa do processo à primeira instância há-de ter lugar antes do conhecimento do objecto do recurso, pelo que não é lícito ao interessado requerer subsidiariamente o suprimento da falta ou insuficiência de fundamentação. IV - A proibição legal de utilização de factos não articulados pelas partes respeita aos factos que servem de fundamento à acção e à defesa, que...
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