Acórdão nº 082783 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1992
Data | 25 Novembro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: M ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL PAG300.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART467 N1 C ART498 N3 ART664. CCIV66 ART220 ART289 N1 ART627 N1 ART628 N1. CSC86 ART228 N1.
Sumário : I - A causa de pedir é o acto ou facto jurídico de que procede a pretensão do autor. II - Para se saber a causa de pedir da acção, há que analisar os factos que, na versão do autor, a integram e não a qualificação jurídica que lhe dá o autor. III - Só há alteração da causa de pedir se forem aduzidos factos novos para a integrar. IV - O tribunal não está sujeito à alegação das partes no tocante à indagação, interpretação e aplicação da lei (artigo 664 do Código de Processo Civil) e, por isso, compete-lhe qualificar jurídicamente os factos aduzidos pelo autor como...
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