Acórdão nº 073282 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1986
Magistrado Responsável | ALMEIDA RIBEIRO |
Data da Resolução | 30 de Janeiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1254 ART1263 ART1267 ART1268 ART1282.
Sumário : I - Não se verifica a excepção de caso julgado quando, tendo uma re sido absolvida da instancia em acção de restituição de posse - por se haver considerado que havia sido proposta apos o decurso do prazo do artigo 1282 do Codigo Civil -, ve contra si intentada pelo mesmo autor uma nova acção, agora de reivindicação, com processo ordinario, não obstante serem precisamente os mesmos os pedidos formulados numa e noutra: condenação da re a restituir a autora a zona da loja onde abusivamente vive e no...
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