Acórdão nº 071354 de Supremo Tribunal de Justiça (Portugal), 10 de Novembro de 1983 (caso NULL)
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 10 de Novembro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS COMENT VII PAG381 DIAS MARQUES PRESCRIÇÃO AQUISITIVA VII PAG219 ROGÉRIO SOARES RDES ANO14 PAG286 SÁ CARNEIRO RT ANO90 PAG61.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART193 N2 B ART498 N4 ART515 ART753 N1. CCIV66 ART12 ART1288 ART1337 D ART1547 N1. CCIV867 ART529. CADM40 ART388 PARUNICO. DL 39/76 DE 1976/01/19 ART2.
Sumário : I - Só se verifica a ineptidão da petição inicial nos termos do artigo 193, n. 2, alinea b), do Código de Processo Civil, quando não exista entre o pedido e a causa de pedir o mesmo nexo lógico que entre as premissas de um silogismo e a sua conclusão. Deste jeito não é inepta a petição na hipótese de o pedido consistir no reconhecimento da existência de servidões prediais e se invocar como causa do pedir a usucapião, ainda que o prédio...
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