Acórdão nº 088387 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1996
Magistrado Responsável | HERCULANO LIMA |
Data da Resolução | 16 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA M BEZERRA S NORA IN MANUAL DE PROCESSO CIVIL PAG245 2ED.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART497 ART498 N4.
Jurisprudência Nacional: AC STJ DE 1975/01/17 IN BMJ N243 PAG206. AC STJ PROC85506 DE 1994/09/20.
Sumário : I - A excepção de caso julgado pressupõe a repetição de uma causa indêntica a outra quanto aos sujeitos, ao pedido e à causa de pedir - artigos 497 e 498 do Código de Processo Civil. II - No nosso ordenamento processual, a lei vigente privilegia a doutrina da substanciação, o que equivale a dizer que a causa de pedir são os actos, normalmente complexos, de que emerge o pedido do autor, e não o significado jurídico respectivo (citado artigo 498, n. 4). III - É diferente a causa de pedir numa acção executiva, proposta por um Banco, fundamentada em título executivo cambiário, ou seja, em livranças eventualmente subscritas pela executada, facto que não foi dado como provado na sentença proferida nos respectivos embargos, e a...
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