Acórdão nº 9830401 de Supremo Tribunal Administrativo (Portugal), 02 de Abril de 1998 (caso None)
Magistrado Responsável | PIRES CONDESSO |
Data da Resolução | 02 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART489 ART673.
Sumário: I - A excepção de caso julgado é um conceito e tem consequências diferentes da problemática da extensão e força do caso julgado. II - A improcedência da excepção do caso julgado não implica que se não verifique a extensão e força do caso julgado. III - A expressão " nos precisos limites e termos em que julga ", do artigo 673 do Código de Processo Civil, abrange todas as questões ou excepções suscitadas ou solucionadas em despacho ou sentença por imperativo legal e conexas com o direito a que se refere a pretensão do autor. IV - Para a autoridade do caso julgado não é necessário que coexistam os três requisitos da excepção do caso julgado ( identidade de sujeitos, pedido e causa de pedir ). V - Sendo as partes as mesmas em duas acções, ainda que em posições processuais diferentes, discutindo-se em ambas, como questão necessária à procedência ou não do pedido, a nulidade ou validade da alteração da renda em contrato de arrendamento que é o mesmo em ambas as acções, a decisão proferida na 1ª acção impõe-se na 2ª acção, e isto não pela excepção de...
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