Acórdão nº 9340929 de Court of Appeal of Porto (Portugal), 19 de Abril de 1994
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 19 de Abril de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: CITA P LIMA E A VARELA IN COD CIV ANOT VOL1 PAG243 E J LEBRE FREITAS IN A FALSIDADE NO DIR PROBATÓRIO PAG36 E OUTRO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART371 N1 ART393 N2. CPC67 ART463 N1 ART490 N1.
Jurisprudência Nacional: AC RC DE 1983/01/04 IN CJ T1 ANOVIII PAG115. AC RC DE 1986/06/11 IN CJ T3 ANOXI PAG67. AC RC DE 1977/04/13 IN CJ T2 ANOII PAG296.
Sumário: I - Conquanto expressamente proibida a prova testemunhal quando o facto estiver plenamente provado por documento, não pode considerar-se legalmente interdita a prova testemunhal de que as declarações estão viciadas por erro, dolo ou coacção ou simuladas, já que o documento não prova nem garante a inexistência de tais vícios. II - Assim, nada impede que se recorra à prova testemunhal para demonstrar a falta ou vícios de vontade com base nos quais se impugna a...
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