Acórdão nº 9420859 de Court of Appeal of Porto (Portugal), 14 de Março de 1995
| Data | 14 Março 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. ANULADO O PROCESSADO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART273 N1 ART493 ART487 ART502.
Jurisprudência Nacional: AC STJ DE 1981/10/06 IN BMJ N310 PAG287 ART193 N1 A N3.
Sumário: I - Não se defende por excepção mas só por impugnação o Réu que nega o contrato que o Autor alega como causa de pedir ter sido celebrado entre ambos, embora na mesma contestação se aluda a contactos estabelecidos entre ambos; em tal caso, embora não arguida expressamente pela parte contrária a inadmissibilidade da réplica, o juiz pode dela oficiosamente conhecer. II - Não pode o Autor, com base nos factos alegados pelo Réu, na hipótese vasada no número antecedente deste sumário ( contactos preliminares ao contrato impugnado ) para, nos termos do artigo 273 do Código de Processo Civil, alterar a causa de pedir e o pedido, havendo tal alegação como...
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