Acórdão nº 9050814 de Court of Appeal of Porto (Portugal), 03 de Junho de 1991
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 03 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART497 N2 ART498 N1 N2 N3 N4 ART671 ART673. DL 147/83 DE 1983/04/05 ART1 E.
Sumário: I - Transitada em julgado a sentença, a decisão sobre a relação material controvertida, nos precisos termos em que julgue, fica tendo força obrigatória plena dentro do processo e fora dele, nos limites fixados. II - Com a figura de caso julgado visa-se evitar que o tribunal seja colocado na alternativa de contradizer ou de reproduzir uma decisão anterior. III - O caso julgado pressupõe a repetição de uma causa. IV - Repete-se a causa quando se propõe uma idêntica a outra quanto aos sujeitos, ao pedido e à causa de pedir. V - Há identidade de sujeitos quando as partes são as mesmas sob o ponto de vista da sua qualidade jurídica. VI - Há identidade...
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