Acórdão nº 230283/08.9YIPRT.L1-2 de Court of Appeal of Lisbon (Portugal), 26 de Novembro de 2009
Magistrado Responsável | MARIA JOSÉ MOURO |
Data da Resolução | 26 de Novembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: I – Das normas referentes ao requerimento de injunção extrai-se a previsão de um encurtamento na indicação da causa de pedir, não sendo curial esperar que ela seja tratada em termos idênticos aos que conformariam a petição inicial de uma acção declarativa, nascida como tal – embora o requerente não esteja dispensado de invocar os factos que integram a respectiva causa de pedir, ainda que em termos sintéticos e breves.
II – Reconhecendo a lei a dificuldade de conjugação da apresentação da causa de pedir no requerimento de injunção, tal como ele está previsto, com a eventual posterior transformação em acção declarativa estabelece a possibilidade de correcção com a emissão pelo juiz de despacho de aperfeiçoamento.
III – No caso dos autos a menção de um contrato de «fornecimento de bens ou serviços» não se traduz, apenas, numa...
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