Acórdão nº 98B349 de Supremo Tribunal de Justiça (Portugal), 01 de Outubro de 1998
Magistrado Responsável | SOUSA INES |
Data da Resolução | 01 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART268 ART273 N2 ART467 N1 C ART502 N1 ART528 ART529 ART664 ART713 N6 ART715 N3 ART726. CCIV66 ART342 N1 ART349 ART351 ART473 ART474 ART476 ART483 ART486 ART487. DL 329-A/95 DE 1995/12/12 ART16 ART25. DL 180/96 DE 1996/09/25.
Sumário : I - Não constitui; em rigor, alteração do pedido, mas, sim, nova qualificação do pedido, a título subsidiário, aquela em que, na réplica, o autor invoca a responsabilidade civil por facto ilícito para o caso de improceder a primitivamente invocada responsabilidade por enriquecimento sem causa. II - Tal qualificação sempre seria posta em questão, de ofício, atento o disposto no artigo 664, do Código de Processo Civil. III - A subsidiariedade da restituição por enriquecimento sem causa relativamente à responsabilidade civil por facto ilícito, nos termos do artigo 474, do Código Civil, não é impeditiva de, no plano processual, se inverterem os termos, apresentando-se o pedido com...
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