Acórdão nº 9110775 de Court of Appeal of Porto (Portugal), 09 de Fevereiro de 1992
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 09 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART456 N2 N3. CCJ62 ART110 N3.
Sumário: I - Para haver má fé é necessário que a parte tenha procedido com intenção maliciosa e não apenas com leviandade ou imprudência, por mais graves que estas sejam, não tendo aqui validade a equiparação de culpa lata ao dolo. II - Não pode afirmar-se o dolo relativamente à falta de preparos para a expedição de cartas para inquirição de testemunhas, que pode ser devida a mera actuação negligente, por se deixar decorrer o respectivo prazo sem a realização daqueles. III - Pode até duvidar-se que neste aspecto houve negligência se se entender que deviam ser expedidos avisos para pagamento de preparo em falta acrescido de taxa de justiça de igual montante, avisos esses que não foram emitidos. IV - Não implica, necessariamente, dolo ou mesmo mera culpa, o facto de a parte não ter apresentado na audiência...
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