Acórdão nº 9850307 de Court of Appeal of Porto (Portugal), 04 de Maio de 1998
Magistrado Responsável | COUTO PEREIRA |
Data da Resolução | 04 de Maio de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART325 N1.
Jurisprudência Nacional: AC STJ DE 1978/05/17 IN BMJ N277 PAG202. AC STJ DE 1979/04/19 IN BMJ N286 PAG228. AC STJ DE 1979/06/28 IN BMJ N288 PAG360. AC STJ DE 1980/03/10 IN BMJ N295 PAG299.
Sumário: I - Para que possa aplicar-se o preceito do artigo 325 n.1 do Código de Processo Civil torna-se necessário, por um lado, que o requerente do chamamento alegue conexão do direito que invoca com a relação jurídica controvertida, pela qual o chamado possa vir a ser responsabilizado, em acção de regresso, pelos danos que lhe cause a perda da demanda, e, por outro, que o direito de regresso promane de qualquer facto legal ou contratual, mesmo ilícito, que envolva responsabilidade. II - O requisito de conexão não existirá...
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