Acórdão nº 081774 de Supremo Tribunal Administrativo (Portugal), 26 de Maio de 1992 (caso None)
Magistrado Responsável | BEÇA PEREIRA |
Data da Resolução | 26 de Maio de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART489 ART1034 N1. CCIV66 ART1311.
Sumário : I - O artigo 1034, n. 1 do Código de Processo Civil permite ao Réu, na contestação, iniciar uma lide cruzada contra o autor, mediante uma reconvenção, dirigida já não à questão da coisa em litígio, mas sim à definição do domínio ou da propriedade dela. II - O Réu, na acção especial de restituição da posse, é livre de invocar ou não o direito de propriedade, ao contestar na acção possessória, sem que sobre ele recaía qualquer ónus jurídico. III - O Réu, na contestação, pode formular um ou mais pedidos autónomos que não sejam mera consequência necessária da sua defesa, com carácter substancial e não meramente formal (reconvenção). IV - Nas acções possessórias, o Réu não fica atingido por preclusão, nos termos do artigo 489 do Código de Processo Civil, se só mais tarde...
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