Acórdão nº 9110008 de Court of Appeal of Porto (Portugal), 27 de Maio de 1991
| Magistrado Responsável | TOME DE CARVALHO |
| Data da Resolução | 27 de Maio de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART497 ART498 N3 ART498 N4 ART489 ART1034 N1. CCIV66 ART1371.
Jurisprudência Nacional: AC STJ DE 1984/01/05 IN BMJ N333 PAG398.
Sumário: 1 - Por falta de identidade entre os pedidos e as causas de pedir, o caso julgado na acção de restituição de posse que se limitou a reconhecer a posse do A. sobre certo predio não impede que o R. nela condenado reivindique em outra acção do A. naquela a propriedade da mesma coisa. 2 - A causa de pedir na acção de restituição de posse e integrada pelo acto ou facto alegado pelo autor para basear a sua posse e pelo facto lesivo dela...
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