Acórdão nº 070891 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1983 (caso None)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 20 de Outubro de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART334 ART1046 ART1093 N1 D. CPC67 ART456 N2 ART489 N1 ART676 N1 ART680 N1 ART690. DL 49399 DE 1969/11/24 ART17 N1 ART37 N1.
Jurisprudência Nacional: AC STJ DE 1965/07/27 IN BMJ N149 PAG297. AC STJ DE 1978/11/30 IN BMJ N281 PAG268. AC STJ DE 1980/04/10 IN BMJ N296 PAG173.
Sumário : I - O abuso do direito, traduzindo-se em verdadeira excepção peremptória, é meio de defesa que deve ser deduzido logo na contestação. II - Se a questão só é levantada no recurso de revista, o Supremo Tribunal de Justiça não pode conhecer dela, pois os recursos têm por objectivo modificar decisões, e não apreciar matéria inteiramente nova. III - Constitui igualmente matéria nova o alegar-se no recurso de revista, interposto de acórdão da Relação proferido em acção de despejo...
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