Acórdão nº 075546 de Supremo Tribunal de Justiça (Portugal), 12 de Outubro de 1988 (caso NULL)
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 12 de Outubro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT VIII PAG193 1ED E VI PAG199.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART325 ART342 N1 ART1292 ART1349 N1 ART1360 N1 N2 ART1362 N2. CCIV867 ART529 ART2325 ART2352. CPC67 ART193 N2 ART467 N1 D ART489 N1 ART493 ART494 N1 A ART668 N1 C ART676 N1 ART722 N2 ART729 N2.
Sumário : I - Pode não haver falta total do pedido e que este, embora não formulado com toda a precisão e clareza, se apresente em termos tais que possibilitem, sem motivos para duvida, o conhecimento do efeito juridico pretendido pelo autor, podendo, assim, haver incorrecção ou imperfeição do pedido, mas não o vicio da sua falta a inquinar a petição. II - E o que ocorre nestes autos, pois os autores, embora de maneira menos ortodoxa e conforme ao perfil juridico- -processual da petição no tocante a formulação do pedido, e bem de ver, sem razão para duvida, que a pretensão dos demandantes era a alteração a seu favor do reconhecimento do direito da servidão de vistas do seu predio, o que qualquer interprete normal concluiria, visto estar suficientemente caracterizado. III - A restrição do artigo 1360, ns. 1 e 2 do Codigo Civil tem por finalidade evitar que o predio vizinho seja facilmente objecto de indiscrição de estranhos e impedir que seja facilmente devassado com arremesso de objectos, constituindo este devassamento o...
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