Acórdão nº 9140353 de Court of Appeal of Porto (Portugal), 09 de Dezembro de 1991
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 09 de Dezembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: A SECÇÃO DO TRIBUNAL RECORRIDO É A 1.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART193 N2 ART467 N1 C D ART474 N1 A ART497 N1 ART498 N1 ART660 N2 ART661 ART664 ART668 N1 C D E ART713 ART715 ART473 N1. CCIV66 ART406 N1 ART410 N1 ART442 N2 N3 ART830 N1.
Sumário: I - Na decisão a proferir sobre as questões de que deva conhecer, o juiz " não pode ultrapassar em quantidade, nem em qualidade, os limites constantes do pedido formulado pelas partes ". II - Mas, além da identidade entre o pedido e o julgado, é necessário ainda que haja identidade entre a causa de pedir e a causa de julgar. III - É nula a sentença em que não existe identidade entre a causa de pedir e a causa de julgar e entre o pedido e o julgado. IV - Se num contrato-promessa de compra e venda bilateral de um imóvel, em que não foi clausulado qualquer prazo para o cumprimento, nenhuma das partes intimou a outra a cumprir, diligenciando pela marcação da escritura notarial, nem fez declaração antecipada de recusa de cumprimento, não existe mora nem...
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