Acórdão nº 079746 de Supremo Tribunal de Justiça (Portugal), 24 de Janeiro de 1991
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 24 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART497 ART498 N2 N4.
Sumário : I - Na acção de reivindicação, que reveste a natureza de acção real, a causa de pedir e o titulo invocado como aquisitivo da propriedade ou do direito real limitado que se pretende ver reconhecido (artigo 498 n. 4 do Codigo de Processo Civil). II - Ha identidade da causa de pedir no processo em que os Autores pedem que lhes seja reconhecido o direito sobre certo predio e os Reus condenados a restituirem a fracção que habitam e noutro processo anterior em que os mesmos Reus solicitaram que lhes fosse reconhecido o direito a novo arrendamento daquela fracção e tal direito lhes veio a ser...
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