Acórdão nº 084955 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994
Magistrado Responsável | GELASIO ROCHA |
Data da Resolução | 05 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS CPC ANOTADO VOLV PAG85. A CASTRO PROC DE DECLARAÇÃO VOL5 1981 PAG170.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART145 N4 ART272 ART273 ART456 N2 ART506 N1 N2 ART663 N1 ART721 N2 ART722 N2. CCIV66 ART1779 ART1787.
Sumário : I - Numa acção de divórcio litigioso cuja causa de pedir é a violação do dever de "respeito" do outro cônjuge, é admissível a junção de articulado superveniente em audiência de discussão e julgamento com apresentação de outros factos subsumíveis à referida causa de pedir, face à indicação das razões da sua apresentação só nessa audiência, ou seja, da sua superveniência. II - O legislador adoptou no artigo 663, n. 1, do Código de Processo Civil uma noção de causa de pedir, tomada no seu sentido...
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