Acórdão nº 067102 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1978 (caso NULL)
| Magistrado Responsável | SANTOS VICTOR |
| Data da Resolução | 02 de Maio de 1978 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: V SERRA BMJ N105 PAG146.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART303 ART333 N2. CPC67 ART489 ART721 N1 ART754 B.
Jurisprudência Nacional: AC STJ DE 1971/06/11 IN BMJ N208 PAG132.
Sumário : I - Em matéria não excluída da disponibilidade das partes, não basta a alegação de factos de onde possa inferir-se a excepção, por ser necessário invocá-la expressamente no momento assinalado no artigo 489, do C.P.C., por quem dela desejar colher benefício. II - Por isso, no mínimo que parece exigir-se do excipiente, é que articule factos constitutivos da excepção e que mostre que efeito quer com ela fazer valer. III -...
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