Acórdão nº 0067131 de Supremo Tribunal Administrativo (Portugal), 23 de Março de 1993 (caso None)
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 23 de Março de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART1038 A F ART1060 ART1093 N1 F. CPC67 ART3 N1 ART264 N1 N2 ART273 N1 ART351 ART467 N1 C F ART487 N2 ART502 ART664 ART785.
Sum·rio: I - Porque o impulso processual compete ‡s partes (arts. 3 n. 1 e 264 n. 1, CPC), cabendo-lhes ainda o Ûnus de descriÁ„o factual (arts. 264 n. 2, 467 n. 1 c), 487 n. 2 e 664, CPC), tem a parte de expender os factos, que reputa ocorrentes, por aÌ seleccionando a concreta causa de pedir de que pretende valer-se. II - Na petiÁ„o inicial a autora apenas se quis servir dos ilÌcitos contratuais de falta de pagamento de renda (art. 1038 a), C. Civ.) e de subarrendamento n„o autorizado (art. 1038 f) e 1060 e seguintes, C. Civ.). III - O que mais tarde, na resposta ‡ contestaÁ„o, vem sustentar n„o pode ter acolhimento ex vi arts. 785 e 502, CPC, ainda 273 n. 1, deste diploma, pois aÌ lhe n„o era dado ampliar qualitativamente a causa de pedir. IV - Produzindo o magistrado despacho saneador genÈrico, quesitando sobre matÈria da reconvenÁ„o, reclamando a autora do despacho de condensaÁ„o e n„o recorrendo do saneador, n„o pode a mesma mais tarde, proferida a...
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