Acórdão nº 0078261 de Supremo Tribunal Administrativo (Portugal), 22 de Março de 1994 (caso None)
Magistrado Responsável | QUINTA GOMES |
Data da Resolução | 22 de Março de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: J R BASTOS DAS RELAÇÕES JURIDICAS PAG142. LEBRE DE FREITAS A CONFISSÃO DO DIREITO PROBATÓRIO PAG308.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART303 ART312 ART313 ART317 B ART350 ART360. CPC67 ART467 N1 C ART488 ART552 ART664.
Sumário: I - Os factos que as partes pretendem invocar devem ser expostos nos respectivos articulados, e só estes se podem provar, uma vez que a prosseguir o processo o juiz só pode servir-se na sentença dos factos articulados pelas partes. II - Não é permitido ao Tribunal alterar ou substituir a causa de pedir invocada pela autora e aceite pelo réu, de modo a decidir a questão submetida à sua apreciação com fundamento numa causa de pedir que não foi posta pelas partes à consideração do Tribunal. III - Na vida real há obrigações de dívida que costumam ser pagas em prazo curto e para cujo pagamento não se costuma passar a exigir-se recibo de quitação ou, mesmo quando este é passado, não é costume conservá-lo por muito tempo. Daí que o legislador, visando proteger a situação do devedor...
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