Acórdão nº 073913 de Supremo Tribunal de Justiça (Portugal), 29 de Abril de 1986
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 29 de Abril de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART28 N2 ART66 ART67 ART201 ART271 ART274 ART376. ETAF84 ART51 G ART53. CADM40 ART4 F ART9 ART815 PAR2. CCIV66 ART249 ART291 ART874 ART891.
Sumário : I - Sendo a causa de pedir um mero contrato de compra e venda regulado nos artigos 874 e seguintes do Codigo Civil, esta em apreciação um acto de gestão privada de um orgão da Administração, pelo que a competencia para conhecer da acção, atendendo a natureza da relação juridica material deve caber ao Tribunal comum que e o civil. II - Onde pode haver defesa por excepção, com identico conteudo a um pretenso pedido reconvencional, este e inadmissivel, por não traduzir um pedido substancial e autonomo, acontecendo, assim, que declarada precedente a excepção invocada nada restaria para apreciar na acção autonoma, na qual se consubstancia o pedido reconvencional. III - A mera troca de autora na replica, designadamente na expressão abreviada, não integra qualquer nulidade processual que a existir estaria sanada, mas simples erro ostensivo que da direito...
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