Acórdão nº 690/06-3 de Tribunal da Relação de Évora, 04 de Maio de 2006 (caso NULL)
Data | 04 Maio 2006 |
ACORDAM 0S JUÍZES DA SECÇÃO CÍVEL DO TRIBUNAL DA RELAÇÃO DE ÉVORA Manuel ………………..
residente em…………, veio intentar, no Tribunal Judicial de ……………, acção declarativa com processo ordinário contra Albertina ……………………………………, residente em ……………… pedindo a condenação desta a pagar-lhe, por danos morais, uma indemnização de € 50 000, 00 tendo, na fase de julgamento, as partes posto fim ao litigio por acordo que firmaram, nos seguintes termos: 1º - O autor desiste do pedido.
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- A ré aceita a referida desistência.
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- As custas em dívida a juízo serão da responsabilidade de ambas as partes, na proporção de 50%, prescindindo reciprocamente das custas de parte e da procuradoria na medida legalmente disponível.
Tal acordo viria a ser homologado por sentença, à excepção do consignado no n.º 3, referente às custas, tendo o Mmo juiz determinado que as custas "são suportadas pelo autor nos termos do disposto no artº 451º n.º 1 do Cód. Proc. Civil" ** Não se conformando com esta decisão, relativa às custas, veio o autor interpor o presente recurso de agravo e apresentar as respectivas alegações, terminando por formular as seguintes conclusões: 1- Houve um acordo entre as partes no sentido de porem fim ao litigio por via de transacção em que o Autor se comprometia a desistir do pedido, o Réu a aceitar essa desistência e ambas as partes acordaram também em dividir a responsabilidade por custas a meio prescindindo de custas de parte e procuradoria na parte legalmente disponível.
2- Apesar de ter havido uma desistência do pedido, a verdade é que este está integrado...
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