Acórdão nº 0095054 de Court of Appeal of Lisbon (Portugal), 21 de Junho de 1995
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 21 de Junho de 1995 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART246 ART257 ART342 N1. CPT81 ART67. CPC67 ART653 N4 N5.
Jurisprudência Nacional: AC STJ DE 1974/05/03 IN BMJ N237 PAG176.
Sumário: I - Na petição inicial o autor deve expor os factos e as suas razões de direito que servem de fundamento à acção, ou seja, fazer a indicação dos factos concretos constitutivos do direito, não se podendo limitar à indicação da relação jurídica abstracta. II - Na petição inicial o A. pugnava por considerar a sua situação no momento da elaboração e expedição da carta de rescisão como sendo de incapacidade acidental. Porém, nas alegações de recurso vem a defender que ao caso "sub judice" não lhe é de aplicar o normativo do art. 257 do CC, mas sim o do art. 246, por se tratar de um caso de autêntica ausência de vontade. III - Os factos dados como provados levam a concluir que não é de aplicar ao caso do A. a construção jurídica por ele defendida na petição inicial, na base do art. 257 do CC, pois revelam que o A. não apresentava a incapacidade acidental que alegava no seu articulado. IV - A situação do A. não era notória, pois no seu local de trabalho não foram evidenciadas...
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