Acórdão nº 074091 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1987
| Data | 05 Março 1987 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: R BASTOS NOTAS AO CPC VOLIII PAG238.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART489 ART506 N1 ART507 ART753 N1.
Sumário : I - Toda a defesa deve ser deduzida na contestação, exceptuados os incidentes que a lei manda deduzir em separado. Depois da contestação só podem ser deduzidas as excepções, incidentes e meios de defesa que sejam supervenientes, ou que a lei expressamente admita passado esse momento, ou de que se deve conhecer oficiosamente. Consagra-se assim, o chamado princípio da preclusão das deduções. II - O Juiz, como regra, só pode servir-se, para decidir dos factos articulados pelas partes, é necessário que estas utilizem os articulados supervenientes a que se referem os artigos 506 e 507 do Código de Processo Civil, quando pretendam a atendibilidade de quaisquer factos produzidos depois de proposta a acção. III - Os recursos visam modificar as decisões impugnadas, não...
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