Acórdão nº 0032001 de Court of Appeal of Lisbon (Portugal), 13 de Novembro de 1990
Magistrado Responsável | PALHA DA SILVEIRA |
Data da Resolução | 13 de Novembro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: JOSÉ ALBERTO DOS REIS IN CÓDIGO DO PROCESSO CIVIL ANOTADO V3 3ED PAG80.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART463 N1 ART490 ART503 ART785 ART786 ART972.
Jurisprudência Nacional: AC RC DE 1983/11/22 IN BMJ N332 PAG515.
Sumário: I - Em acção de despejo, a falta de impugnação dos factos que sustentam uma excepção peremptória invocada na contestação, importa a sua fixação. II - São excepções peremptórias as que importam a absolvição total ou parcial do pedido e consistem na invocação de factos que impedem, modifiquem ou extinguem o efeito jurídico dos factos articulados pelo autor. III - Não são excepções as invocações de facto feitas pelo réu na contestação...
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