Acórdão nº 070820 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1983 (caso NULL)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 15 de Dezembro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR OBG.
LegislaÁ„o Nacional: CPC67 ART144 N2 ART153 ART254 N1 ART360 N1 ART463 N1 ART478 ART479 N3 ART481 ART490 N1 ART493 N3 ART496 ART498 ART500 ART510 N1 ART673 ART785 ART1014 N2. DL 457/80 DE 1980/10/10 ART1 ART4. DL 121/76 DE 1976/02/11 ART1 N3.
Sum·rio : I - Constitui excepÁ„o peremptoria, em acÁ„o especial de prestaÁ„o de contas, a invocaÁ„o, pelos reus, de cess„o da posiÁ„o contratual (ou social) que o autor teria feito ao reu marido, da qual resultara claramente que haviam sido saldadas as contas entre ambos, n„o tendo consequentemente os reus mais contas a prestar, e dai decorrendo a improcedencia da acÁ„o (artigo 493 n. 3 do Codigo de Processo Civil). II - Na acÁ„o especial de prestaÁ„o de contas, o autor tem sempre o direito de responder a contestaÁ„o, independentemente de a defesa dos reus ter, ou n„o, assumido a forma de excepÁ„o peremptoria (2 parte do n. 2 do artigo 1014 do...
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