Acórdão nº 0085452 de Court of Appeal of Lisbon (Portugal), 07 de Julho de 1994
| Magistrado Responsável | SANTOS BERNARDINO |
| Data da Resolução | 07 de Julho de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART193 N2 ART498 N4 ART664. CCIV66 ART342 ART473.
Jurisprudência Nacional: AC STJ DE 1975/10/28 IN BMJ N250 PAG159. AC STJ DE 1972/11/14 IN BMJ N213 PAG214. AC STJ DE 1985/04/24 IN BMJ N346 PAG254.
Sumário: I - A nossa lei processual - arts. 193, n. 2 e 498, n. 4, do Código de Processo Civil - consagra o princípio da substanciação, segundo o qual o objecto da acção é o pedido, mas definido através de certa causa de pedir. II - Assim, se a causa de pedir invocada pelo autor foi um contrato de mútuo nulo por falta de forma, não pode a acção ser julgada procedente com base noutra causa de pedir como, por exemplo, o enriquecimento sem causa...
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