Acórdão nº 9450120 de Court of Appeal of Porto (Portugal), 22 de Novembro de 1994
| Data | 22 Novembro 1994 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART96 N2 ART487 N2 ART493 N3 ART511 ART979 N3 ART991. CCIV66 ART804 N2 ART813 ART1048. RAU90 ART22 ART28 N2 N3 ART58 N3.
Jurisprudência Nacional: AC STJ DE 1985/11/26 IN BMJ N351 PAG368.
Sumário: I - A mora do devedor de rendas emerge do seu não pagamento no tempo devido por causa a ele imputável. Sendo controvertida a " mora devendi " há que fazer prosseguir a acção com vista a, oportunamente, ser produzida prova destinada a resolver tal questão. II - A decisão dos incidentes suscitados numa acção não constitui caso julgado fora do processo...
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