Acórdão nº 078939 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1990 (caso None)
Magistrado Responsável | LEITE MARREIROS |
Data da Resolução | 07 de Novembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART54 ART268 ART273 N2 ART801 ART865 ART870 ART931 ART934. LULL ART48 N1 N2. DL 262/83 DE 1983/06/16 ART4. CONST76 ART8. CCIV66 ART298 N1 ART307 ART310 D E ART323 N2 ART805 N1 N2 A ART806 N1 N2. DL 23721 DE 1934/03/29.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07. CONV DE GENEBRA DE 1934/03/29.
Jurisprudência Nacional: AC STJ DE 1986/03/05 IN DR IIS 1986/05/16. AC TC DE 1987/11/04 IN DR IIS 1988/02/12. AC TC DE 1988/01/16 IN DR IIS 1988/03/14. AC STJ DE 1986/03/08 IN BMJ N355 PAG175. AC STJ DE 1986/05/27 IN BMJ N357 PAG182. AC STJ DE 1987/01/18 IN BMJ N363 PAG229.
Sumário : I - Uma das modificações da instancia, de caracter objectivo, que a lei permite e a possibilidade de o autor ampliar o pedido ate ao encerramento da discussão em 1 instancia, se a ampliação for o desenvolvimento ou a consequencia do pedido primitivo artigo 273, n. 2 do Codigo de Processo Civil). II - O disposto no artigo 273, n. 2 do Codigo de Processo Civil e subsidiariamente aplicavel, ao processo de execução, por força do disposto no artigo 801 do mesmo diploma, pois que em relação ao processo executivo não ha disposição expressa relativa a ampliação do pedido. III - E pois possivel que, uma acção executiva em que no pedido inicial se peticiona o pagamento de quantia certa (letras aceites pelo executado e não pagas na data do vencimento), se venha posteriormente, alegando o vencimento de juros, pedir o...
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