Acórdão nº 075968 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1988
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 23 de Junho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. ANULADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 D ART731 N2.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sumário : I - O Tribunal da Relação não pode conhecer de materia nova suscitada nas alegações do recurso de apelação e não ventilada ja ate decisão na 1 instancia. II - Todavia não tendo a Relação apreciado directamente essa questão, e manifesto que o acordão recorrido incorre no vicio de omissão de pronuncia determinante da nulidade prevista na 1 parte da alinea d) do n. 1 do artigo 668 do Codigo de Processo Civil, não suprivel pelo Supremo Tribunal de Justiça, impondo-se a baixa do processo, de acordo com o dispositivo do n. 2 do artigo 731. III - Por outro, lado, ao pronunciar-se no sentido de que o arrendamento celebrado veio a caducar por morte do arrendatario e por renuncia da sua viuva, sucedendo-lhe um outro novo arrendamento celebrado directamente com o Autor, o acordão recorrido tambem incorreu no vicio de excesso de pronuncia, determinante da nulidade prevista na 2 parte da alinea d) do n. 1 do artigo 668, do Codigo de...
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