Acórdão nº 074986 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1987 (caso None)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 25 de Junho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: P LIMA A VARELA IN CODIGO CIVIL ANOTADO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 C E N3 ART722 N2 ART731 N1. CCIV66 ART875 ART1181 N1. DL 232/82 DE 1982/06/17 ART6.
Sumário : I - Condenando-se os Reus na transferencia de certos direitos apenas para os Autores, quando estes mesmos pediram a transferencia tambem para os herdeiros da mulher, a sentença não condenou em quantia superior a pedida, mas sim em coisa que não e a que se pediu, ou seja em objecto diverso do pedido, incorrendo por esta via na nulidade da alinea e) do n. 1 do artigo 668 do Codigo de Processo Civil. Tal nulidade devia ter sido suprida pela Relação em sede de recurso de apelação, nos termos do n. 3 desse mesmo artigo 668 e, não o tendo sido, cabe ao Supremo Tribunal de Justiça o respectivo...
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