Acórdão nº 0065441 de Supremo Tribunal Administrativo (Portugal), 26 de Janeiro de 1993 (caso None)
Data | 26 Janeiro 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: C MENDES LIÇÕES PROC CIV 1968 II PAG181. J A REIS RLJ ANO76 PAG287. B COELHO RT ANO90 PAG387. O CARVALHO RLJ ANO118 PAG230.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART463 N1 ART505 A ART506 ART785 ART972. CCIV66 ART1093 N1 F ART1094.
Jurisprudência Nacional: AC STJ DE 1965/07/02 IN BMJ N149 PAG27. AC STJ DE 1972/06/19 IN BMJ N118 PAG428.
Sumário: I - Os articulados supervenientes não permitem a alteração da causa de pedir, salvo nos casos dos artigos 272 e 273, CPC. II - Parte na acção como ré é a sociedade e não os seus sócios, mantendo-se o mandato judicial por aquela conferido enquanto o não revogar, revogação que não resulta de os sócios na altura a representarem terem cedido as suas quotas e terminado a sua gerência. III - A outra não respondeu à contestação, como lhe era facultado: artigos 785 e 972, CPC, pelo que se sujeitou à cominação do artigo 490 n. 1 ex vi artigos 505 e...
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