Acórdão nº 087829 de Supremo Tribunal Administrativo (Portugal), 05 de Março de 1996 (caso None)
Magistrado Responsável | NASCIMENTO COSTA |
Data da Resolução | 05 de Março de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT ART1129. A VARELA RLJ ANO114 PÁG115. B MACHADO CJ ANOXIV T2 PÁG22. G TELES DIR OBG 6ED PÁG70.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART237 ART1137 N2. CPC67 ART664 ART668 N1 D.
Sumário : I - Um excesso de pedido não pode prejudicar a procedência da acção, gozando o tribunal de amplos poderes na aplicação do direito, dentro dos limites legais -artigo 664 do Código do Processo Civil- e tendo sido alegado o contrato de comodato e o dever de restituição da coisa, nada impedia que o tribunal recorrido a ordenasse, apesar da absolvição da instância relativamente ao reconhecimento do direito de propriedade pela Ré, que confessa também a celebração do contrato de comodato e a exigência do Autor na restituição da coisa, não havendo, assim, nulidade por excesso de pronúncia. II - Foi celebrado entre Autor e Ré contrato de comodato, com entrega do terreno em causa, não tendo sido estipulado prazo para a restituição nem fixado o uso da coisa, caindo-se, assim, na regra do artigo 1137, n. 2 do Código Civil, a todo o momento o Autor poderia exigir esta restituição. III - Dadas as palavras vigorosas que antecederam a parte final do...
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