Acórdão nº 0059462 de Court of Appeal of Lisbon (Portugal), 21 de Maio de 1992
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 21 de Maio de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART487 ART524 N1 ART706 N1 ART712 ART785.
Sumário: I - As nulidades processuais (artigo 201, CPC) eventualmente decorrentes das mencionadas irregularidades deviam ter sido atempadamente arguidas (artigo 205, CPC), não o podendo fazer-se agora em via de recurso. Como não o foram, devem considerar-se sanadas (artigo 202,CPC). II - Não integra matéria de defesa por excepção, que sim por impugnação, a afirmação do contestante de que o contrato de arrendamento habitacional o teve ab initio também como arrendatário directo, assim se opondo à afirmação da autora de que arrendatário exclusivo fôra certa outra pessoa. III - A invocação na contestação da caducidade do direito invocado pelo autor integra defesa por excepção. Abarcando a resposta (artigo 785, CPC) a alegada caducidade e outras matérias que a autora teve como defesa por excepção, mas em relação a cujas (estas) o Sr. Juiz decidiu serem antes defesa por impugnação, não devia (podia) ordenar-se o desentranhamento desse articulado-resposta, antes validá-lo apenas quanto à matéria da excepção de caducidade. IV - A alegação de litigância de má fé não pode justificar, só por si, o articulado-resposta (artigo 785, CPC). V - Atento o preceituado nos artigos 706, n. 1, e 542, n. 1, do CPC, e o ensinamento do Prof. A. Varela (RLJ, 115-95), só é admissível a junção de documentos com a alegação do recurso relativamente aos que se refiram a factos posteriores ao encerramento da discussão e julgamento...
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