Acórdão nº 080210 de Supremo Tribunal de Justiça (Portugal), 19 de Maio de 1992
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 19 de Maio de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART498 N4 ART972. CCIV66 ART342 N2 ART1038 ART1093 N1 F ART1118.
Sumário : I - O caso julgado, mesmo formal, não se forma sobre os fundamentos da decisão, mas sómente sobre esta. II - No caso concreto, a causa de pedir da acção é a locação do estabelecimento comercial a uma sociedade, feita pelo réu, e a posterior cedência a um terceiro, feita também pelo réu, sem o consentimento, ou a autorização, do senhorio. III - Essa causa de pedir integra-se na previsão da alínea f), do n. 1 do artigo 1093 do Código Civil. IV - No Supremo Tribunal de Justiça não podem suscitar-se questões novas que não tenham sido levantadas nas instâncias, pois isso equivaleria à supressão dessas...
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