Acórdão nº 0014381 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1997 (caso None)
| Magistrado Responsável | PINTO MONTEIRO |
| Data da Resolução | 18 de Fevereiro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PROF A VARELA IN "MANUAL DE PROCESSO CIVIL" PAG246.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART193. DL 321-B/90 DE 1990/10/15 ART5 N1 ART7 N2 B. CCIV66 ART220 ART286.
Jurisprudência Nacional: AC STJ DE 1990/03/09 IN AD N343 PAG1026. AC STJ DE 1983/03/23 IN CJ ANOI TII PAG24. AC STJ DE 1983/11/10 IN BMJ N331 PAG445.
Sumário: I - O pedido deverá ser corolário ou consequência lógica da causa de pedir ou dos fundamentos em que assenta a pretensão do autor. Haverá ineptidão da petição quando o pedido esteja em flagrante contradição com a causa de pedir. II - Arguida a nulidade do contrato (verbal de arrendamento) não se pode pedir que seja decretado o despejo e condenado o réu a pagar rendas em dívida, o que significaria exigir a condenação do réu em prestação emergente de...
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