Acórdão nº 073469 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1987
Magistrado Responsável | AURELIO FERNANDES |
Data da Resolução | 30 de Junho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO106 PAG329. F OLAVO DESCONTO BANCARIO PAG172 PAG173. V SERRA RLJ ANO101 P350 ANO103 P442. F CORREIA LIÇ DIR COM V3 P52.
Área Temática: DIR PROC CIV. DIR COM - TIT CREDITO. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART27 ART30 ART268 ART273 N1 N2. LULL ART47. CCIV66 ART309.
Jurisprudência Nacional: AC STJ DE 1972/11/03 IN BMJ ANO329 PAG32. AC STJ DE 1973/11/02 IN BMJ N231 PAG170. AC STJ DE 1977/05/26 IN BMJ N267 PAG169. AC STJ DE 1981/10/13 IN BMJ N310 PAG304. AC STJ DE 1973/05/30 IN BMJ N277 PAG286. AC STJ DE 1974/04/17 IN BMJ N236 PAG170. AC STJ DE 1976/07/16 IN BMJ N259 PAG235. AC STJ DE 1978/05/30 IN BMJ N277 PAG236. AC STJ DE 1978/06/01 IN BMJ N259 PAG239.
Sumário : I - Citado o reu, a instancia deve manter-se a mesma quanto as pessoas, ao pedido e a causa de pedir, salvo as possibilidades de modificação consideradas na lei. II - O pedido e a causa de pedir podem ser alterados ou ampliados na replica, ainda que falte o acordo das partes. III - A coligação passiva verifica-se quando se demandar conjuntamente varios reus por pedidos diferentes. Resulta da combinação da pluralidade de litigantes com a cumulação de pedidos. IV - Nada impede que se formule um pedido principal com base em causas de pedir diversas. V - Na demanda de mais que um reu com um pedido unico, havendo apenas divergencias quanto aos pedidos acessorios, o facto destes serem diferentes não e suficiente para caracterizar uma verdadeira coligação de reus. VI - Trata-se, nesta hipotese de litisconsorcio passivo, com a particularidade de serem diferentes os pedidos acessorios formulados contra os respectivos litisconsortes. VII - Tendo sido os reus demandados um como aceitante e o outro como sacador das...
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