Acórdão nº 9330750 de Court of Appeal of Porto (Portugal), 30 de Junho de 1994
| Magistrado Responsável | COUTINHO AZEVEDO |
| Data da Resolução | 30 de Junho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV.
Legislação Nacional: CPC67 ART273 ART477 N1 ART498 N4 ART502 N1. CCIV66 ART1389 ART1390 N1.
Jurisprudência Nacional: AC STJ DE 1974/03/12 IN BMJ N235 PAG310. AC RE DE 1982/07/29 IN CJ T4 ANOVII PAG277. AC STJ DE 1988/05/05 IN BMJ N377 PAG450.
Sumário: I - Só deduzindo-se excepção, de entre outros casos previstos no artigo 373 do Código de Processo Civil, é que há lugar à apresentação de outro articulado - a réplica -, não o podendo ser quando o réu se defende através de negação motivada alegando factos distintos e opostos aos do autor. II - A defesa por excepção não nega os factos e apenas se destina a impedir, modificar ou extinguir os efeitos jurídicos dos mesmos. III - Terá de ser julgado...
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