Acórdão nº 9730540 de Court of Appeal of Porto (Portugal), 12 de Junho de 1997
| Magistrado Responsável | PIRES CONDESSO |
| Data da Resolução | 12 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART484 ART485 D. CSC86 ART7 ART175.
Jurisprudência Nacional: AC STJ DE 1994/11/30 IN CJSTJ T3 ANOII PAG164.
Sumário: I - Intentada acção declarativa de condenação em que são réus uma sociedade comercial em nome colectivo e dois sócios da mesma, tendo o Autor no articulado alegado que estes eram " os actuais e únicos sócios daquela ", e sendo que os réus, regularmente citados nas suas pessoas, não contestaram, mostra-se infundada a absolvição destes dois réus a pretexto de que o Autor não juntou documento comprovativo e só por documento podia ser provado o facto alegado de que tais réus eram os actuais e únicos sócios daquela sociedade. II - Com efeito, a exigência de documento escrito feita no artigo 485 alínea d) do Código de Processo Civil apenas deve dizer respeito aos factos que constituem o núcleo essencial, fundamental, da verdadeira questão a decidir, não abarcando...
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