Acórdão nº 0047501 de Supremo Tribunal Administrativo (Portugal), 11 de Fevereiro de 1992 (caso None)
Data | 11 Fevereiro 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART463 N1 ART505 ART712 N2 ART789. CCIV66 ART1094.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 BMJ N124 PAG410.
Sumário: I - Em relação à legitimidade, as partes foram consideradas legítimas no despacho saneador, e deste não houve recurso, pelo que o mesmo transitou em julgado (Ass. STJ de 01/02/1963, BMJ 124, p. 410). II - Os RR., na excepção, alegaram, entre outros factos, que as obras feitas no locado remontam todas a mais de 12 anos e que o autor tem conhecimento de todas elas desde que foram feitas. O A. não respondeu à excepção, pelo que os factos desta devem considerar-se provados por acordo: artigos 785, 505 e 463 n. 1, CPC. III - Assim, o Mmo. Juiz não devia levar ao questionário este facto da contestação. O erro foi de ordem...
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