Acórdão nº 086635 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1995 (caso NULL)
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 07 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CONST82 ART206. CPC67 ART661 N1 ART668 ART684 ART690 ART729. CCIV66 ART227 ART236 ART280 ART405 ART410 N3 ART437 ART1305. RGEU51 ART167. L 25/92 DE 1992/08/31. DL 46673 DE 1965/11/29. DL 289/73 DE 1973/06/06. DL 236/80 DE 1980/07/18. DL 379/86 DE 1986/11/11. DL 400/89 DE 1989/12/31. DL 448/91 DE 1991/11/29.
JurisprudÍncia Nacional: ASS STJ DE 1987/07/21 IN BMJ N369 PAG199. ASS STJ DE 1987/11/29 IN DR IS 1988/01/12. ASS STJ DE 1989/10/03 IN BMJ N390 PAG89. ASS STJ DE 1994/06/28 IN DR IS 1994/10/12. ASS STJ DE 1995/02/01 IN DR IS DE 1995/04/20.
Sum·rio : I - Os Tribunais Judiciais est„o balisados, nas suas possibilidades de intervenÁ„o cÌvel, pelas leis que existem, e pelos factos que se provam, tudo no contexto, do pedido e da causa de pedir por que os peticionantes optam; ou seja, os Tribunais Judiciais n„o podem decidir em funÁ„o do que, a seu ver, seria forma adequada de se resolver certa quest„o de fundo mas, sim, deferindo, ou n„o, o que, concretamente, o peticionante elege como pedido e causa de pedir. II - Enquanto continuar a prevalecer o princÌpio dispositivo, n„o pode deixar de ser sopesado o da auto- -responsabilidade das partes. III - Em princÌpio, n„o È, necessariamente, nulo o contrato- -promessa de compra e venda de imÛvel n„o legalizado, sem se evidenciar que n„o È legaliz·vel. IV -...
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