Acórdão nº 0056451 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1992 (caso None)
Magistrado Responsável | ALMEIDA AMARAL |
Data da Resolução | 07 de Julho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: J A REIS IN RLJ ANO1979 PAG118. I MATOS IN ARRENDAMENTO E ALUGUER PAG117.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 N2 ART1093 N1 I ART1094. CPC67 ART668 N1 A ART715.
Jurisprudência Nacional: ASS STJ DE 1984/05/03 IN BMJ N337 PAG182. AC STJ DE 1985/03/05 IN BMJ N345 PAG372. AC RL DE 1971/02/24 IN BMJ N204 PAG188. AC RE DE 1972/05/18 IN CJ ANOIII PAG1054. AC RP DE 1973/12/14 IN BMJ N232 PAG170. AC RP DE 1977/05/06 IN BMJ N269 PAG210. AC RL DE 1978/04/17 IN CJ ANOII PAG470. AC RE DE 1979/02/08 IN CJ ANOI PAG227. AC RL DE 1982/11/30 IN CJ ANOV PAG115. AC RP DE 1983/04/07 IN CJ ANOII PAG253. AC RP DE 1986/06/19 IN CJ ANOIII PAG319. AC RL DE 1980/04/18 IN CJ ANOII PAG214.
Sumário: I - Tendo-se relegado no saneador para a sentença final, a apreciação da excepção da caducidade do direito de accionar e não se tendo feito pronúncia nessa sentença sobre tal excepção, ocorre a nulidade da primeira parte da alínea d) do n. 1 do artigo 668, do Código de Processo Civil, nulidade de que cumpre conhecer "ex vi" n. 3 deste normativo e ainda na conformidade do artigo 715 do citado diploma. II - Ao alegante de uma tal excepção cabe provar o condicionalismo da sua operatividade - artigo 342, n. 2, do Código Civil. III - Provado que a Ré não come, não dorme, nem...
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