Acórdão nº 066763 de Supremo Tribunal de Justiça (Portugal), 11 de Outubro de 1977
Magistrado Responsável | ALVARES DE MOURA |
Data da Resolução | 11 de Outubro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR FAM / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1778 H ART1792. DL 261/75 DE 1975/05/27. DL 561/76 DE 1976/07/17. CPC67 ART506 ART663 N1 N2 ART668 D.
Sumário : I - O artigo 663 do Codigo de Processo Civil não pode ser aplicado de maneira a produzir alteração na causa de pedir. II - No espirito desta disposição não cabem as simples alterações legislativas mas apenas os factos constitutivos, modificativos ou extintivos do direito que se pretende fazer valer e que esteja em vigor no momento da propositura da acção. III - A modificação introduzida na alinea h) do artigo 1778 do Codigo Civil pelo Decreto-Lei n. 561/76, de 17 de Julho, não e uma simples emenda, mas envolvea criação de uma causa nova de divorcio e separaçãolitigiosos. IV - Por isso, se se fizesse funcionar a alteração introduzida na redacção da alinea h) do artigo 1778 do Codigo Civil pelo Decreto-Lei n. 561/76, ao abrigo do disposto no artigo 663 do Codigo de Processo Civil, isso equivaleria, nem mais nem menos, a alterar a causa de pedir na acção. V - Dado que, no momento do encerramento da discussão não tinha ainda sido publicado o Decreto-Lei n. 561/76, o tribunal da Relação...
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