Acórdão nº 9220820 de Court of Appeal of Porto (Portugal), 10 de Maio de 1993
Magistrado Responsável | PIRES DA ROSA |
Data da Resolução | 10 de Maio de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART783 ART786 ART463 ART490 N1 ART505.
Jurisprudência Nacional: AC RC DE 1985/11/25 IN CJ ANOX T5 PAG72. AC RC DE 1977/04/13 IN CJ ANOII PAG296.
Sumário: I - O princípio inserto no artigo 490, nº 1 do Código de Processo Civil ( e no artigo 505 do Código de Processo Civil ) que abre caminho à possibilidade de impugnação por antecipação é de aplicação geral a todas as formas de processo, e designadamente ao processo sumário, por força do artigo 463 do Código de Processo Civil. II - Consequentemente, a ausência da resposta à reconvenção prevista no artigo 786 do Código de Processo Civil não implica a condenação do A. no pedido reconvencional quando os factos que constituem a respectiva causa de pedir já estavam em oposição com a...
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