Acórdão nº 9730391 de Court of Appeal of Porto (Portugal), 15 de Maio de 1997
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 15 de Maio de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART325 N1 ART442 N2 N4.
Jurisprudência Nacional: BMJ N288 PAG360. BMJ N295 PAG299. BMJ N350 PAG310. BMJ N378 PAG654. BMJ N425 PAG481. BMJ N445 PAG392.
Sumário: I - O chamamento à autoria só é de admitir quando o fundamento da acção de regresso for o facto de o chamado ter exposto o chamante à acção em que o chamamento é deduzido e à perda dessa demanda, isto é, quando em virtude da invocada relação conexa com a litigada o chamado for responsável pelo dano resultante da sucumbência na acção em que o chamamento é requerido. Não sendo o chamado obrigado nem legal nem convencionalmente a prestar aos réus o que o autor lhes pede na acção em que o chamamento à autoria é requerido, inexiste de fonte...
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