Acórdão nº 9440460 de Court of Appeal of Porto (Portugal), 31 de Outubro de 1996
| Data | 31 Outubro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART274 N2 A ART279 ART97.
Jurisprudência Nacional: AC STJ DE 1993/02/18 IN BMJ N424 PAG587.
Sumário: I - A admissibilidade da reconvenção, com o fundamento de que " o pedido do réu emerge de facto jurídico que serve de fundamento... à defesa ", depende de esse facto, a verificar-se, ter efeito útil defensivo, no sentido de ser susceptível de reduzir, modificar ou extinguir o pedido do autor. II - Verifica-se esse fundamento de admissibilidade da reconvenção se, em acção de reivindicação do direito de propriedade de certa coisa, o réu alega ter celebrado com o reivindicante um contrato-promessa de compra e venda...
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