Acórdão nº 9840952 de Court of Appeal of Porto (Portugal), 10 de Dezembro de 1998
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 10 de Dezembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPT81 ART86 N2. CPC67 ART193 N2 A ART206 N2 ART471 N1 B.
Jurisprudência Nacional: AC STJ DE 1979/11/30 IN BMJ N291 PAG382.
Sumário: I - Em processo sumário, o réu é imediatamente condenado no pedido, se não contestar e tiver sido devidamente citado. II - Se tal acontecer, o réu não pode ser parcialmente absolvido da instância, na sentença, por se ter considerado inepta a petição inicial, com o fundamento de que não era admissível o pedido genérico formulado pelo autor. III - Só a falta absoluta de pedido, e não a formulação indevida de pedido genérico, implica ineptidão da petição. IV - Nos processos em que não haja saneador, só pode conhecer-se da ineptidão da petição até à sentença final. V - Face à actual redacção da alínea b) do n.1 do artigo 471 do Código de Processo Civil, basta que o montante global dos danos não seja determinável à data da propositura da acção, para que o pedido genérico seja...
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