Acórdão nº 9250149 de Court of Appeal of Porto (Portugal), 26 de Junho de 1992
| Magistrado Responsável | COUTINHO AZEVEDO |
| Data da Resolução | 26 de Junho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART497 ART498 N1 N2 ART670 N2. CCIV66 ART1096 N1 B. L 2088 DE 1957/06/03. DL 293/72 DE 1972/07/20 ART3 N3 ART29.
Sumário: I - A litispendência é uma excepção dilatória que conduz à absolvição da instância. II - A excepção da litispendência pressupõe a repetição de uma causa, estando a anterior ainda em curso. III - Repete-se a causa quando de propõe uma causa idêntica a outra quanto aos sujeitos, ao pedido e à causa de pedir. IV - Há identidade de causa de pedir quando a pretensão deduzida nas duas acções procede do mesmo facto jurídico. V - São...
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