Acórdão nº 0018136 de Court of Appeal of Lisbon (Portugal), 09 de Julho de 1992
Magistrado Responsável | ANTONIO DA CRUZ |
Data da Resolução | 09 de Julho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART123 ART125 ART130 ART240 N2 ART242 N1 ART243 N2 ART294 ART342 N2 ART352 ART392 ART393 ART394 N1 N2 N3 ART1022 ART1060 ART1102. CPC67 ART158 ART201 ART205 ART265 ART515 ART519 N2 ART528 ART535 ART553 ART554 ART556 ART557 ART651 N4 ART653 N2 ART668 N1 D. CCJ62 ART208 N1 B. DL 36212 1944/04/07 ART9. DL 49213 1969/08/29 ART18.
Jurisprudência Nacional: AC STA 1978/01/31 IN BTE 3 N78 PAG510. AC RL 1970/10/28 IN BMJ N200 PAG286.
Sumário: I - Quando na acção de simples apreciação negativa esta na base um negocio simulado não pode aceitar-se o principio de que cabera ao reu a prova dos factos constitutivos do direito a que se arroga, como determina o n. 1 do artigo 343 do Codigo Civil, pela simples razão de que a lei admite a legitimidade para arguir a simulação aos proprios simuladores. II - Nas acções de declaração de nulidade do contrato não ha posições linearmente definidas para se aceitar, sem mais, o principio legal da inversão do onus da prova, que a lei põe a cargo do reu para o normal das acções de simples apreciação negativa. III - A parte pode prestar depoimento para serem confessados factos contrarios ao interesse do declarante, seja qual for a parte que os tenha alegado. IV - E admissivel o depoimento de parte por quem passou a dispor de capacidade judiciaria, quanto aos actos praticados pouco tempo antes de serem maiores, se estiver sanada a sua anulabilidade. V - A falta injustificada da...
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