Acórdão nº 0124016 de Court of Appeal of Porto (Portugal), 14 de Março de 1991
Magistrado Responsável | RESENDE REGO |
Data da Resolução | 14 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART558 N1. CPC67 ART510 N5 ART668 N1 C D.
Sumário: I - Nos termos do disposto no art. 510, n. 5, do C. P. Civil não cabe recurso do despacho saneador em que se relega para a decisão final o conhecimento das materias referidas nas alineas a) a c) do n. 1 do mesmo artigo. II - Improcede o pedido de declaração da nulidade de mutuo por falta de forma e o de condenação a restituição da quantia mutuada se os factos assentes não permitem a conclusão de que as quantias confiadas o foram a titulo que obrigue a sua restituição. III - A decisão no sentido constante do numero anterior não integra a nulidade de sentença prevista nas alineas c) e d) do n. 1 do art. 668 do Cod. P. Civil, com que não pode confundir-se eventual erro de julgamento. IV - Provado, em sede de pedido reconvencional, a entrega pela Re...
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