Acórdão nº 0036066 de Court of Appeal of Lisbon (Portugal), 27 de Fevereiro de 1992
Magistrado Responsável | NASCIMENTO GOMES |
Data da Resolução | 27 de Fevereiro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: A REIS IN CÓDIGO P CIVIL ANOTADO VII PAG362 VV PAG93. A DE CASTRO ACÇÃO EXECUTIVA PAG77. ALMEIDA COSTA DIREITO DAS OBRIGAÇÕES PAG728.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV867 ART1044. CCIV66 ART616 N1. CPC67 ART456 N1 N2 ART661 ART664 ART668 N1 E.
Sumário: I - Numa acção pauliana em que o Autor indica com suficiência e clareza a causa de pedir, embora formulando o pedido de modo incorrecto - restituição dos bens doados ou cedidos ao acervo patrimonial do devedor - pode o Juiz condenar no verdadeiro objecto da acção, declarando as consequências que entender por legítimas. II - Declarando na sentença a consequência jurídica da ineficácia das doações e cedência de quotas, não saindo fora da causa de pedir invocada pelo Autor, não condenou o Juiz em...
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