Acórdão nº 065760 de Supremo Tribunal de Justiça (Portugal), 27 de Maio de 1975
Magistrado Responsável | JOSE FERNANDES |
Data da Resolução | 27 de Maio de 1975 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: ALBERTO DOS REIS IN COMENTARIO AO CODIGO DE PROCESSO CIVIL V3 PAG93. VAZ SERRA IN RLJ ANO107 PAG352.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART273. CPC39 ART278. DL 67/75 DE 1975/02/19 ART2. CCIV66 ART1029 N3 ART1093 N1 B.
Sumário : I - E legal e admissivel numa acção de preferencia a ampliação do pedido e da causa de pedir, quando os autores - arrendatarios, invocando inicialmente a preferencia por determinado preço, alegaram depois na replica a simulação do preço e formularam tambem o pedido relativamente ao preço real. II - Neste caso, deve considerar-se o pedido aditado na replica como pedido principal e o primitivamente formulado como subsidiario. III - A suspensão da instancia por causa prejudicial depende de nesta se discutir questão cuja decisão...
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