Acórdão nº 087999 de Supremo Tribunal de Justiça (Portugal), 05 de Março de 1996
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 05 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS.
Legislação Nacional: CPC67 ART193 N2 A B ART632 N2 ART633 ART638 ART651 N2 ART671 N2 ART672 ART673 ART677 ART685 ART1044. CCIV66 ART342 N1 ART754 ART1273 ART1274.
Sumário : I - Se a audiência de julgamento foi adiada uma vez por falta do mandatário dos Réus, nos termos do artigo 651, n. 2 do C.P.C., a audiência não pode ser adiada outra vez por falta de testemunha. II - Se o pedido reconvencional foi indeferido por despacho que não foi impugnado, tendo, por isso, transitado em julgado, não é passível de recurso (artigos 685, 671, n. 1, 672, 673 e 677 do Código citado). III - Uma testemunha indicada à matéria da reconvenção que não foi admitida, não pode depor, sob pena de se incorrer na violação dos artigos 632, n. 2, 633 e 638, n. 1 do mesmo diploma. IV - Não há qualquer contradição entre o pedido e a causa de pedir, se ambas perfeitamente inteligíveis por estarem entre si juridicamente bem conexionadas de modo a que a...
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