Acórdão nº 9551324 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1996
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 26 de Fevereiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART193 N2 A B.
Jurisprudência Nacional: AC RC DE 1984/03/13 IN CJ T2 ANOIX PAG41. AC RP DE 1995/01/04 IN CJ T1 ANOXX PAG189. AC STJ DE 1980/11/26 IN BMJ N301 PAG425.
Sumário: I - Na acção de divisão de coisa comum causa, a de pedir é a compropriedade. II - Há ineptidão da petição inicial, por contradição entre o pedido e a causa de pedir, quando o autor naquela acção de arbitramento pede, na qualidade de comproprietário, a divisão da coisa comum, mas alega que o prédio em causa já se encontra materialmente dividido, tendo agora cada um dos seus primitivos comproprietários o direito de propriedade exclusiva, adquirida por...
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