Acórdão nº 9720131 de Court of Appeal of Porto (Portugal), 27 de Maio de 1997
| Magistrado Responsável | EMERICO SOARES |
| Data da Resolução | 27 de Maio de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N2 ART1271 ART1311. CPC67 ART463 N1 ART484 ART490 ART497 N1 N2 ART498 ART505 ART785.
Sumário: I - Tendo o réu contestado também por excepção, a falta de resposta do autor à matéria da excepção não tem o efeito cominatório de se considerarem provados por acordo os factos que integram aquela matéria, quando os factos já alegados pelo autor na petição inicial importarem, desde logo, a negação dos factos que integram a excepção que venha a ser deduzida na contestação. II - Se o réu, em acção de reivindicação contra si instaurada pelos proprietários do prédio para obterem a sua restituição, alegar ser ele e não a sua falecida mãe o arrendatário do prédio, quando numa anterior acção...
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