Acórdão nº 98A230 de Supremo Tribunal Administrativo (Portugal), 10 de Novembro de 1998 (caso None)
Magistrado Responsável | FRANCISCO LOURENÇO |
Data da Resolução | 10 de Novembro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART382 N1 C ART383 ART387.
Jurisprudência Nacional: AC STJ DE 1991/09/15 IN BMJ N410 PAG748.
Sumário : I - À absolvição da instância, consectória da desistência da instância, é aplicável, por analogia, a alínea c), do n. 1, do artigo 382, do CPC. II - Em resultado disso, a providência cautelar caduca, se o seu requerente não propuser, no prazo de 30 dias contados do trânsito em julgado da sentença homologatória da desistência, nova acção. III - O levantamento da providência cautelar, ocorrido que seja o facto ou o prazo determinante da caducidade, depende do requerimento do requerido a submeter a juízo a apreciação da ocorrência invocada como fundamento da caducidade, nos termos do artigo 383, do CPC. IV - A comprovação judicial da caducidade da providência é um pressuposto indispensável para o requerido poder exercer o direito de indemnização, por responsabilidade processual civil (subjectiva) previsto, no n. 1, do artigo 387 daquele diploma adjectivo, cabendo-lhe o ónus da respectiva prova. V - Estando por satisfazer tal ónus, à data da propositura da acção...
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