Acórdão nº 9430226 de Court of Appeal of Porto (Portugal), 14 de Junho de 1994
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 14 de Junho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART376 ART506 N1 N2 ART664 ART474 N1 A ART193 N2 C. CCIV66 ART868.
Sumário: I - O incidente da habilitação do adquirente ou cessionário, regulado no artigo 376 do Código de Processo Civil, visa obter que o adquirente ou cessionário da coisa ou direito em litígio tome o lugar do transmitente ou cedente, para com ele seguir a causa. II - Não pode aceitar-se como requerimento do incidente de habilitação do adquirente ou cessionário, mas como articulado superveniente, aquele em que o autor-reconvindo, observando os requisitos do artigo 506, ns. 1 e 2 do Código de Processo Civil, vem pedir se julgue adquirente do crédito peticionado pelo réu na reconvenção e, por efeito da confusão operada nos termos do artigo 868 do Código Civil, extinto todo o pedido reconvencional, até por inutilidade superveniente da lide. III - Não obsta a esse julgamento o facto de o requerente ter invocado o disposto no artigo 376 do Código de Processo Civil, sabido como é que o juiz não está sujeito às alegações das partes no tocante à indagação, interpretação e aplicação das regras de direito. IV - Não podem cumular-se na reconvenção o pedido de condenação dos reconvindos no pagamento ao reconvinte do preço da negociada cessão de quotas e respectivos juros com os de resolução desse contrato e de pagamento pelos reconvindos de determinada importância a título de indemnização por alegados prejuízos sofridos em consequência dessa resolução, pois são substancialmente...
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