Acórdão nº 082317 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1992 (caso NULL)
Data | 15 Outubro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE NOÇÕES ELEMENTARES PROC CIV PAG108. SERRA A VARELA IN RLJ ANO103 PAG471 PAG476. P LOUREIRO MANUAL DIR PREFERÊNCIA VOL2 PAG309.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART489 N1 ART497 N1 ART498 N3 ART498 N4 N1 ART510 N1 C ART729 N3. CCIV66 ART334 ART473 ART482 ART874 ART879 C ART1410.
Sumário : I - A causa de pedir consiste no acto ou facto jurídico, donde emerge o direito que o autor invoca e pretende fazer valer. II - Nas acções reais e, a acção de preferência é uma acção real consiste ela no facto jurídico de que deriva o direito real. III - Ao Supremo Tribunal de Justiça é permitido mandar baixar os autos com vista à ampliação da matéria de facto. IV - Envolvendo o conhecimento do pedido questões de direito e de facto, ou só de facto o julgamento do mesmo no despacho saneador só é permitido se o processo mantiver todos os elementos para uma decisão conscienciosa. V - Proposta uma acção de preferência destinada à substituição dos compradores pelos autores preferentes mediante o pagamento de "tanto por tanto", isto é, do preço declarado...
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