Acórdão nº 063648 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1971
Magistrado Responsável | CAMPOS DE CARVALHO |
Data da Resolução | 19 de Novembro de 1971 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART406 ART429 ART454 ART780 ART1220 ART1221 ART1222 ART1223. CPC67 ART308 N2 ART505 N1 ART507 ART712 ART722 N2 ART785 ART786.
Sumário : I - O erro na apreciação das provas e na fixação dos factos materiais da causa não pode ser objecto de recurso de revista, a menos que se verifique a excepção do n. 2 do artigo 722 do Codigo de Processo Civil. II - O valor do pedido reconvencional e somado ao do pedido formulado pelo autor e a soma assim obtida representa o valor da causa para os actos e termos posteriores a reconvenção; por isso se o valor encontrado exceder a alçada da Relação, a acção que era de processo sumario, passa a partir da contestação a seguir a forma e os termos do processo ordinario, podendo o autor, desde logo, replicar. III - A denuncia dos defeitos da obra, nos termos do artigo 1220 do Codigo Civil constitui mera condição de que depende o exercicio dos...
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