Acórdão nº 9210408 de Court of Appeal of Porto (Portugal), 13 de Julho de 1992
| Magistrado Responsável | VASCO FARIA |
| Data da Resolução | 13 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART268 ART273 N1 B ART470 ART474 ART476.
Jurisprudência Nacional: AC RP DE 1979/05/17 IN CJ ANOIV T3 PAG557. AC RE DE 1975/07/02 IN BMJ N250 PAG221.
Sumário: I - Salvas as possibilidades de modificação consignadas na lei - artigo 268, Codigo de Processo Civil - so depois da citação do Reu a instancia se deve manter a mesma quanto ao pedido e a causa de pedir; II - Sendo embora duvidoso que na replica se possam alterar simultaneamente o pedido e a causa de pedir, afigura-se que tal e admissivel no caso de apresentação de nova petição inicial - artigo 476, do Codigo de Processo Civil -, desde que não se passe de uma relação juridica para outra relação juridica distinta; III - Atento o disposto no artigo 475 do...
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