Acórdão nº 087558 de Supremo Tribunal de Justiça (Portugal), 29 de Fevereiro de 1996
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 29 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART30 N2. RAU90 ART9. DL 321-B/90 DE 1990/10/15. CCIV66 ART247 ART250 N1 ART251 ART401 N1.
Sumário : I - Não é ilegal a coligação de réus quando, sendo embora diferentes as causas de pedir, a procedência dos pedidos principais, relativos a cada réu, depende essencialmente da apreciação dos mesmos factos. II - Tendo-se decidido no despacho saneador, sem que dessa parte houvesse sido interposto recurso, ser improcedente a excepção de litispendência invocada na contestação, a respectiva decisão transitou em julgado, não podendo no processo voltar a ser discutida tal questão e não podendo a Relação dela conhecer oficiosamente no acórdão posterior. Aliás, não tendo os recorrentes feito referência a tal questão nas conclusões do recurso de apelação, a Relação não tinha de se pronunciar sobre ela, não padecendo o acórdão recorrido de nulidade por omissão de pronúncia. III - Ao ser celebrado um contrato-promessa de arrendamento de prédio urbano sem que tenha...
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