Acórdão nº 9310118 de Court of Appeal of Porto (Portugal), 19 de Outubro de 1993
| Magistrado Responsável | FERREIRA DE SEABRA |
| Data da Resolução | 19 de Outubro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART493 ART494 ART497.
Sumário: I - A defesa por excepção, em sentido lato, compreende toda a defesa indirecta, isto é, aquela que, sem negar os factos articulados na petição nem atacar o efeito jurídico que dele se pretende extrair, assenta na alegação dos factos novos tendentes a repelir a pretensão do autor. II - A lei, contudo, dá-lhe um sentido mais restrito, abrangendo apenas os factos capazes de obstar à apreciação do mérito da causa...
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