Acórdão nº 0076561 de Supremo Tribunal Administrativo (Portugal), 19 de Abril de 1994 (caso None)
Magistrado Responsável | AFONSO MELO |
Data da Resolução | 19 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: A DE CASTRO IN DIR PROC CIV DECLARATÓRIO V2 PAG226/228. P PGR DE 1962/10/05 IN BMJ N120 PAG177 PAG55.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART442 N2 ART482 ART762 N2 ART804 N2 ART830. CPC67 ART193 N2 C ART306 N3 ART308 N2 ART468 N1 ART511 N5 ART512 ART570 N1 ART619 N2 ART662. CCJ62 ART43 N2.
Jurisprudência Nacional: AC STJ DE 1973/09/08 IN BMJ N224 PAG171. AC STJ DE 1987/01/15 IN BMJ N363 PAG448. AC STJ DE 1987/06/30 IN TJ N35 PAG21.
Sumário: I - Sendo inequívoco que o Autor pretendeu cumular simultaneamente o pedido de indemnização pela mora e o pedido de restituição do sinal em dobro por incumprimento definitivo do contrato, o valor da acção há-de ser fixado segundo as regras dos arts. 306, n. 2 e 308, n. 2, do CPC. II - A incompatibilidade substancial dos pedidos que nos termos da al. c) do n. 2 do art. 193, do CPC, determina a ineptidão da petição inicial, coloca-se no plano do pensamento do Autor e não no plano da Lei. III - Tendo o réu compreendido perfeitamente a petição inicial não tendo dificuldades em contestar a acção, torna-se logo irrelevante a alegação da ininteligibilidade do pedido. IV - Se o pedido de indemnização tem por fundamento a responsabilidade contratual improcede a excepção da prescrição invocada pelo réu pretendendo que se...
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