Acórdão nº 9620229 de Court of Appeal of Porto (Portugal), 30 de Abril de 1996
Magistrado Responsável | LEMOS JORGE |
Data da Resolução | 30 de Abril de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART506 N1 N2 ART507 N2 ART663 N1 ART281 E.
Sumário: I - A falta de contestação de uma acção não impede que o Réu respectivo apresente um articulado superveniente, reunidas que sejam as condições previstas no artigo 506 ns.1 e 2, do Código de Processo Civil. II - Contudo no processo sumário, determinando a falta de contestação a confissão da matéria de facto e de direito, ela implica o encerramento da discussão, pelo que, em tal caso, é inadmissível o articulado superveniente, a não ser, em caso de recurso, perante a Relação até ao termo das alegações, quanto a factos extintivos, constitutivos ou modificativos do direito substantivo em causa. III - O articulado superveniente tem por função servir o princípio consagrado no artigo 663 n.1 do Código de Processo Civil. IV - Em relação ao pedido...
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