Acórdão nº 062585 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1969 (caso NULL)
Magistrado Responsável | LOPES CARDOSO |
Data da Resolução | 18 de Abril de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV867 ART1030. CCIV66 ART241. CPC61 ART474 N1.
Jurisprudência Nacional: ASS STJ DE 1952/07/23 IN DG IS DE 1952/08/07.
Sumário : I - Dizendo-se, num acordão, que "os proprios simuladores conservam o direito intemporal de propositura da acção de simulação", afirma-se que esse direito não tem prazo de exercicio e decide-se implicitamente que o mesmo não caducou, não havendo, consequentemente, falta de pronuncia sobre a questão da tempestividade da acção. II - A apelação tem sempre efeito devolutivo, devolvendo ao tribunal superior o conhecimento da causa, por inteiro, desde que no recurso se não façam restrições expressas; por isso, não ha excesso de pronuncia quando a Relação julga a acção improcedente por motivo diverso do invocado na sentença, mas que nesta não se afastara nem se julgara inoperante. III - Na sentença final não pode decidir-se o indeferimento liminar da acção, com base na sua evidente improcedencia e ao abrigo da alinea e) do n. 1 do artigo 474 do Codigo de Processo Civil, havendo apenas que julgar-se a acção improcedente. IV...
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