Acórdão nº 9250470 de Court of Appeal of Porto (Portugal), 02 de Fevereiro de 1993
| Magistrado Responsável | PAZ DIAS |
| Data da Resolução | 02 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL - DIR OBG.
Legislação Nacional: CPC67 ART511 N1. CCIV66 ART220 ART286 ART375 N2 ART410 N3.
Jurisprudência Nacional: AC RL DE 1986/04/17 IN CJ T2 ANOXI PAG144. AC RL DE 1991/01/17 IN CJ T1 ANOXVI PAG133. AC RL DE 1986/10/07 IN CJ T4 ANOXI PAG141. AC RP DE 1985/11/14 IN CJ T5 ANOX PAG170. AC STJ DE 1981/02/03 IN BMJ N304 PAG332.
Sumário: I - Embora menos correcta e até condenável a prática de dar como reproduzido na especificação determinado documento, tal não significa que se reconheça automaticamente como verdadeiro qualquer facto constante desse documento, mas apenas e só a literalidade do mesmo, ou seja, apenas se quer referir o que está escrito nele e não que o que lá está escrito sejam factos ainda aceites pelas partes: o que interessa para a especificação e releva para a decisão da causa é o facto documentado e não o documento. II - As formalidades exigidas no número 3 do artigo 410 do Código Civil são formalidades " ad substantiam ", necessárias...
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