Acórdão nº 9830050 de Court of Appeal of Porto (Portugal), 05 de Fevereiro de 1998 (caso NULL)
| Magistrado Responsável | SALEIRO DE ABREU |
| Data da Resolução | 05 de Fevereiro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART236 N1 N2 ART238 N1 N2 ART444 N3 ART596.
Jurisprudência Nacional: AC STJ DE 1995/01/17 IN BMJ N443 PAG353. AC STJ DE 1984/11/22 IN BMJ N341 PAG373. AC STJ DE 1972/03/03 IN BMJ N215 PAG216. AC RP DE 1992/11/16 IN CJ T5 ANOXVII PAG216.
Sumário: I - De acordo com a chamada teoria da substanciação, consagrada na nossa lei processual, a causa de pedir da acção reconduz-se ao acontecimento ou facto concreto em que se baseia o pedido e traduz-se no facto material e concreto, legalmente idóneo para condicionar ou produzir o direito invocado e pretendido fazer valer pelo autor. II - Quer a intenção...
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