Acórdão nº 085853 de Supremo Tribunal de Justiça (Portugal), 20 de Setembro de 1994 (caso NULL)
Magistrado Responsável | CARLOS CALDAS |
Data da Resolução | 20 de Setembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS.
Legislação Nacional: CPC67 ART378 ART379 ART380 ART471 N1 A N2 ART661 N2. DL 330/84 DE 1984/10/15.
Sumário : I - Conforme dispõe o artigo 471, n. 1, alínea a) do Código de Processo Civil, é permitido formular pedido genérico quando não seja ainda possível determinar, de modo definitivo, as consequências de facto ilícito. II - E o n. 2 da mesma norma dispõe que nos casos das alíneas a) e b) do n. 1, o pedido genérico se pode concretizar em prestação determinada através de incidente de liquidação - artigo 378 do apontado Código - quando para tal efeito não caiba processo de inventário. III - O incidente de liquidação previsto neste artigo 378 é deduzido antes de começar a discussão da causa, seguindo o formalismo apontado nos artigos seguintes - 379 e 380. IV - Se o autor faz um pedido genérico e, na altura prevista pelo citado artigo 378...
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