Acórdão nº 98B663 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1998
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 29 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 N1 ART238 N1. CPC67 ART273 ART484 N4 ART502 ART664. RAU90 ART7 N2. CEXP91 ART29.
Jurisprudência Nacional: AC STJ DE 1995/01/17 IN CJSTJ ANOIII TI PAG25. AC STJ DE 1993/04/29 IN CJSTJ ANOI TII PAG73.
Sumário : I - Com a reforma de 1995, a réplica deixou de ser um articulado normal, sendo sempre admitida se ocorrida alguma das situações contempladas no artigo 273 do Código Civil. II - Verificados os pressupostos desse preceito, o autor pode, seja qual for o tipo de defesa deduzida pelo Réu, socorrer-se da réplica para ampliar a causa de pedir; todavia esse articulado já não será admissível quando se pretenda apenas invocar factos novos que não consubstanciem aquela alteração ou ampliação. III - Se a Autora se limitou, na réplica, a responder à excepção de nulidade de um contrato de arrendamento por falta de observância da forma legal, alegando ainda que desde há mais de 3 anos antes do contrato escrito junto aos autos passou a ocupar o aludido barracão e terreno anexo, destinando-os fundamentalmente a armazém, sem todavia chegar a consubstanciar os elementos constitutivos de um contrato de arrendamento verbal, tal alegação não pode ser havida como alteração da causa de pedir. IV - A interpretação das declarações negociais constitui matéria de facto da competência exclusiva das instâncias, embora o Supremo Tribunal de Justiça possa exercer censura sobre o resultado interpretativo sempre que, tratando-se da hipótese prevista no n. 1 do...
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