Acórdão nº 0012955 de Court of Appeal of Porto (Portugal), 13 de Outubro de 1976
Magistrado Responsável | RAUL SEQUEIRA |
Data da Resolução | 13 de Outubro de 1976 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: ALBERTO DOS REIS IN COMENTÁRIO AO CÓDIGO DE PROCESSO CIVIL V2 PAG361 PAG389 PAG476 IN PROCESSOS ESPECIAIS V2 PAG20.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART470 N1 ART1052 ART1060.
Jurisprudência Nacional: AC RC DE 1971/07/28 IN BMJ N209 PAG206.
Sumário: I - Pedindo-se em acção de arbitramento que, na falta de contestação dos réus, se proceda à nomeação de peritos quanto a determinado prédio, para se alcançar a sua divisão em substância, e à adjudicação ou venda de outros prédios de impossível divisão, existe uma pretensão - a de pôr fim à compropriedade e indivisão - e formulam-se dois pedidos, dado que a providência processualmente adequada à pretensão de terminar com a indivisão é diversa para um e para outros dos prédios: o uso dos meios dos artigos 1053, n. 2, 1054 e 1055 do Código de Processo Civil, no primeiro caso, o dos do n. 2 do artigo 1060 do mesmo código, no segundo caso. II - Tratando-se embora de processos diferentes, os pedidos, porque se reportam a objectos materiais distintos, não são substancialmente incompatíveis e por isso não acarretam a ineptidão da petição inicial, mas antes a nulidade por erro na forma do processo, com o âmbito variável que lhe assinala o artigo 463, n. 3, do referido código. Isto é, a nulidade abrangerá apenas o...
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