Acórdão nº 086900 de Supremo Tribunal Administrativo (Portugal), 16 de Maio de 1995 (caso None)
Magistrado Responsável | CARLOS CALDAS |
Data da Resolução | 16 de Maio de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE NOÇ 1956 PAG140. C MENDES MANUAL 1963 PAG302. P LIMA A VARELA ANOT 4ED VOLI PAG343.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART274 N2 A B C N3 ART722 N2. CCIV66 ART373 A ART379 ART394 N1 ART946 N1 N2.
Sumário : I - No núcleo da situação referida na alínea a) do artigo 274, n. 2 do Código de Processo Civil, o pedido reconvencional brota do facto jurídico (real concreto) que serve de fundamento à acção ou à defesa. II - No caso dos autos o Autor fundamenta o seu pedido no incumprimento de um contrato de prestação de serviços, que desenvolve e prestados a título oneroso, ficando com o direito a receber cem libras inglesas em ouro, que os Réus se têm recusado a entregar. III - Fundamentam as Rés o pedido reconvencional em ensinuação, ou mesmo acusação de elas terem sonegado as cem libras, o que é gravemente ofensivo da honra e consideração que lhes são devidas, sendo evidente que o pedido reconvencional não brota dos factos jurídicos que servem de fundamento à acção, pelo que não é admissível. IV - Portanto, a causa de pedir é o contrato...
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