Acórdão nº 0068324 de Court of Appeal of Lisbon (Portugal), 01 de Abril de 1998
| Magistrado Responsável | SARMENTO BOTELHO |
| Data da Resolução | 01 de Abril de 1998 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: ANSELMO CASTRO - LIÇÕES PROCESSO CIVIL VOL4 PAG55. P. LIMA A. VARELA - CÓDIGO CIVIL ANOTADO VOLI PAG246.
Área Temática: DIR TRAB.
Legislação Nacional: CPC67 ART534 N2 ART544 N2 ART712. CPT81 ART84 N1. CCIV66 ART374 N2 ART375 N2 ART376 N2.
Jurisprudência Nacional: AC STJ DE 1990/09/26 IN AD N348 PAG1622. AC STJ DE 1978/03/29 IN BMJ N275 PAG149.
Sumário: I - É ao trabalhador que invoca a existência de contrato de trabalho que compete provar os elementos essenciais do contrato de trabalho: a subordinação jurídica e a subordinação económica, como constitutivos do direito alegado. II - O Tribunal da Relação não pode alterar as respostas dadas aos quesitos, a não ser que se verifiquem algumas das excepções...
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