Acórdão nº 0012966 de Court of Appeal of Porto (Portugal), 18 de Fevereiro de 1977
| Magistrado Responsável | SA COIMBRA |
| Data da Resolução | 18 de Fevereiro de 1977 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: MANUEL ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL 1963 PAG293. CASTRO MENDES IN LIMITES OBJECTIVOS DO CASO JULGADO EM PROCESSO CIVIL Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART96 ART497 N1 ART498 N1 ART659 ART673.
Jurisprudência Nacional: AC STJ DE 1976/06/29 IN BMJ N258 PAG220. AC STJ DE 1976/04/20 IN BMJ N256 PAG94.
Sumário: I - A indiscutibilidade da "res judicata" abarca além da causa de pedir, os próprios pressupostos da sentença, incluindo sobretudo a decisão que recaia sobre as excepções peremptórias deduzidas como meio de defesa. II - A decisão negativa sobre a existência da excepção peremptória está ligada, necessária e causalmente, à própria...
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