Acórdão nº 084528 de Supremo Tribunal de Justiça (Portugal), 23 de Fevereiro de 1995 (caso NULL)
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 23 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART286 ART493 ART496 A ART497 ART498 N2 N3 N4 ART673 ART684. CCIV66 ART1436 I ART1437.
Sumário : I - Entre as excepções peremptórias inclui-se o caso julgado (artigo 496 do Código de Processo Civil), que, no conceito legal (artigo 497), pressupõe a repetição de uma causa depois de a primeira ter sido decidida por sentença que já não admite recurso ordinário, e tem em vista evitar que o tribunal seja colocado na alternativa de contradizer ou reproduzir uma decisão anterior. II - O artigo 489 do Código citado exige como pressupostos dessa repetição que a segunda causa seja idêntica à primeira quanto aos sujeitos, ao pedido e à causa de pedir. III - Há identidade de sujeitos, quando as partes são as mesmas do ponto de vista...
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