Acórdão nº 0011502 de Court of Appeal of Lisbon (Portugal), 06 de Dezembro de 1990
Magistrado Responsável | EDUARDO BAPTISTA |
Data da Resolução | 06 de Dezembro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: C MENDES IN TEORIA GERAL V1 PAG530 IN DIR PROC CIV V2 PAG274/275. M PINTO IN DIR REAIS PAG334 RT 87 PAG127 PAG388.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS.
Legislação Nacional: CCIV66 ART432 N1 ART1037 N2 ART1052 N1 ART1446. CPC67 ART26 N3 ART199 N1 ART206 N1 ART469 N2 ART684 N2 ART712 N1.
Jurisprudência Nacional: AC STJ DE 1974/12/03 IN BMJ N242 PAG216. AC STJ DE 1980/05/20 IN BMJ N297 PAG250. AC RP DE 1976/10/13 IN BMJ N262 PAG190.
Sumário: I - Nos recursos só cabe conhecer as questões decididas na decisão recorrida, excepto se ocorrerem as nulidades do artigo 688, n. 1 do CPC, ou se se tratar de questões de conhecimento oficioso. II - Não é legal deduzir subsidiariamente pedidos a que corresponda forma diferente da seguida para o pedido principal, designadamente, se aos pedidos couberem formas diferentes de acção especial, ou se a um couber o processo especial e ao outro processo comum. III - Considerando que os embargos de terceiro são acções possessórias destinadas a defender a posse do embargante relativamente a actos judiciais que a possam...
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