Acórdão nº 98B349 de Supremo Tribunal Administrativo (Portugal), 01 de Outubro de 1998 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 01 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - RECURSOS. DIR CIV - DIR RESP CIV.
LegislaÁ„o Nacional: CPC67 ART268 ART273 N2 ART467 N1 C ART502 N1 ART528 ART529 ART664 ART713 N6 ART715 N3 ART726. CCIV66 ART342 N1 ART349 ART351 ART473 ART474 ART476 ART483 ART486 ART487. DL 329-A/95 DE 1995/12/12 ART16 ART25. DL 180/96 DE 1996/09/25.
Sum·rio : I - N„o constitui; em rigor, alteraÁ„o do pedido, mas, sim, nova qualificaÁ„o do pedido, a tÌtulo subsidi·rio, aquela em que, na rÈplica, o autor invoca a responsabilidade civil por facto ilÌcito para o caso de improceder a primitivamente invocada responsabilidade por enriquecimento sem causa. II - Tal qualificaÁ„o sempre seria posta em quest„o, de ofÌcio, atento o disposto no artigo 664, do CÛdigo de Processo Civil. III - A subsidiariedade da restituiÁ„o por enriquecimento sem causa...
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