Acórdão nº 9450254 de Court of Appeal of Porto (Portugal), 11 de Julho de 1994
Data | 11 Julho 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART493 N1 N3 ART1060 N3 ART785 ART463 N1 ART505 ART490 N1 ART653 N2 ART646 N1 ART659 N3 ART706 N2. CCIV66 ART220 ART1287 ART1260 N2.
Jurisprudência Nacional: AC STJ DE 1981/02/03 IN BMJ N373 PAG483. AC STJ DE 1982/06/22 IN BMJ N318 PAG419. AC STJ DE 1989/03/03 IN BMJ N385 PAG345.
Sumário: I - Em acção de divisão de coisa comum em que se pede a adjudicação ou venda de prédio por se encontrar indiviso e não poder ser dividido em substância, visto a lei se opôr a tal divisão, é defesa por excepção de natureza peremptória a dos Réus contestantes que alegam que há mais de 30 anos foi feita a divisão material do prédio, com acordo de todos os comproprietários, e que cada um deles adquiriu por usucucapião a parcela que lhe coube. II - A acção de divisão de coisa comum, quando a lei se opõe à divisão, segue a forma ordinária ou sumária, a partir da contestação. III - Se os A.A., seguindo a acção na forma sumária, não responderam à matéria daquela defesa, devem os respectivos factos considerar-se admitidos por acordo. IV - A fixação da especificação e questionário, com ou sem reclamação, não conduz a caso julgado formal que obste à sua posterior modificação. V - Têm-se por não escritas as respostas...
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