Acórdão nº 087900 de Supremo Tribunal Administrativo (Portugal), 07 de Dezembro de 1995 (caso None)
Magistrado Responsável | PEREIRA DA GRAÇA |
Data da Resolução | 07 de Dezembro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Indicações Eventuais: M ANDRADE NOÇ PAG303.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1154. CPC67 ART193 N1 N2 ART202 ART268 ART288 N1 B ART289 ART467 N1 C ART476 ART477 ART498.
Sumário : I - Se a causa de pedir não existe, dessa falta resulta a nulidade de todo o processo, por petição inepta, nulidade de conhecimento oficioso, absolvendo-se o Réu da instância; se for insuficiente, irregular ou deficiente, susceptível de comprometer o êxito da acção, o juiz pode convidar o Autor a completá-la ou a corrigi-la, apresentando uma nova em prazo fixado. II - Ora, a causa de pedir é o facto jurídico donde emerge a pretensão deduzida (pedido), ou seja donde o Autor pretende ter derivado o direito a tutelar, podendo ser integrado por factos materiais simples...
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