Acórdão nº 076126 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1988 (caso NULL)
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 05 de Julho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT VI 2ED PAG411.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART216 ART289 N1 ART479 N1 ART480 A ART550 ART562 ART663 N1 ART1273 N2 ART1340. CPC67 ART273 N2 ART657 ART663 N1.
Jurisprudência Nacional: AC STJ DE 1978/01/17 IN BMJ N273 PAG239.
Sumário : I - O pedido, apos a replica, so pode ser ampliado 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, sendo extemporanea a ampliação formulada nas alegações de recurso. II - Tendo-se dado apenas a casa o valor referido a 1978, como benfeitoria util, e tendo os Autores pedido o seu valor actual, e a este que se tem de atender - artigo 1273, n. 2 do Codigo Civil - havendo que atender ao disposto nos artigos 479, n. 1 e 480, alinea a) do Codigo Civil, pois a indemnização e uma divida de valor, não respeita ao principio nominalista - artigo 550 do Codigo Civil, dai que se tenha de atender a...
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