Acórdão nº 9720323 de Supremo Tribunal Administrativo (Portugal), 30 de Setembro de 1997 (caso None)
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Indicações Eventuais: NEGADO PROVIMENTO AO AGRAVO E À APELAÇÃO DA RÉ E PROVIDA A APELAÇÃO DOS AUTORES.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART193 N2 C ART497 N1 N2 ART498 N4 ART673. CCIV66 ART204 N1 B D ART1254 N1 ART1287 ART1316 ART1390 N3 ART1543 ART1547 N2 ART1548 ART1549 ART1561.
Jurisprudência Nacional: AC STJ DE 1995/11/15 IN BMJ N451 PAG307. AC RP DE 1988/11/08 IN CJ T5 ANOXIII PAG181. AC RP DE 1989/12/14 IN CJ T5 ANOXIV PAG207. AC RP DE 1989/12/21 IN CJ T5 ANOXIV PAG217. AC RP DE 1991/05/28 IN CJ T3 ANOXVI PAG239. AC STJ DE 1982/03/18 IN BMJ N315 PAG263.
Sumário: I - Basta uma não coincidência parcial entre as causas de pedir para afastar a aplicação do artigo 498 n.4 do Código de Processo Civil ( pressuposto da excepção de caso julgado ). II - Tendo a sentença julgado improcedente a primeira acção intentada pelos Autores contra o Réu quanto ao pedido referente à servidão de aqueduto, por aqueles não terem alegado o principal pressuposto da constituição dessa servidão que se entendeu ser o direito à água, se nem tal pedido foi formulado, não se verifica a excepção de caso julgado na segunda acção intentada pelos mesmos Autores contra o Réu, com vista à condenação deste a reconhecer aqueles como donos e legítimos proprietários da água e a reconhecer a constituição de uma servidão de aqueduto para passagem da água, já que nesta última acção foram alegados ex novo factos integradores de nova causa de pedir que na anterior não tinham sido alegados ou...
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