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Université de Montréal - Thèse sous forme numérique

Université de Montréal - Thèse sous forme numérique

Université de Montréal - Thèse sous forme numérique

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188Translation:The judges <strong>de</strong>ci<strong>de</strong>d that: The judges of the 3rd Section of the Supreme Court agreed not togrant the present appeal due to an impeding circumstance as no <strong>de</strong>cision based on thematter was reached by lower courts.[3] Nos termos expostos acordam conce<strong>de</strong>r parcialmente a revista do Autor e negar arevista da Ré. (STJ-jul2009-20)Translation:For these reasons, we agree to partially grant the authors‘ appeal and <strong>de</strong>ny the <strong>de</strong>fendant‘sappeal.[4] Os AA. e a R. acordaram que as portas da moradia seriam em castanho maciço,apresentando a porta <strong>de</strong> entrada da moradia fendas e algumas portas dos armários estãoempenadas. (STJ-nov2009-15)Translation:AA. and R. agreed that the doors of the house would be in solid brown, as the entrancedoor had slits and some cupboard doors are warped.[5] Por virtu<strong>de</strong> <strong>de</strong>ssa <strong>de</strong>mora, o Autor e a Ré haviam acordado remeter aos segurados,logo que as propostas eram recebidas nas instalações da Ré, uma carta acusando arecepção das propostas e a sua aceitação. (STJ-jul2009-22)Translation:By virtue of this <strong>de</strong>lay, the Author and the Defendant had agreed to refer to the insured assoon as the proposals were received on the premises of the Defendant, a letteracknowledging receipt of proposal and acceptance.When used at the beginning [1] of the corpus texts, acordar is used to express thefact that the group of judges agree with the factual <strong>de</strong>scription that is about the follow, i.e.with the Relatório section of the judgment. When used at the end [2] [3] of the corpus texts,acordar refers to the <strong>de</strong>cision reached by a group of judges, i.e. the last section of thejudgments called Decisão. This is no ordinary <strong>de</strong>cision, but one which has a performativecharacter, because judges are not only expressing their agreement on the <strong>de</strong>cision but theyare also giving a verdict that will have legal consequences for the parties in the case.However, in the contexts [4] and [5], acordar refers to an oral agreement that the parties inthe suit ma<strong>de</strong> with each other. For this reason, acordar seems to have the meaning of

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