Acórdão nº 9221033 de Court of Appeal of Porto (Portugal), 15 de Junho de 1993
Magistrado Responsável | GONÇALVES VILAR |
Data da Resolução | 15 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART497 N1 ART522. CCIV67 ART1252 N2.
Sumário: I - Para efeitos de verificação da excepção peremptória de caso julgado ( artigo 497, nº 1 do Código de Processo Civil ) a causa de pedir é o facto concreto produtor do efeito jurídico pretendido pelo autor. II - Se numa primeira acção o A. pretendeu ver declarada a constituição de uma servidão de passagem por usucapião mas não alegou factos suficientes, tal insuficiência, além de acarretar a improcedência da acção, não importa que o A. fique impedido de alegar esses factos numa segunda causa sem que se possa opôr repetição de causas. III - O artigo 522 do Código de Processo Civil, apenas permite a invocação de provas produzidas noutro processo: depoimentos e arbitramentos. Não assim a decisão doutro tribunal em matéria de facto segundo a convicção a que chegou após a...
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