Acórdão nº 072581 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1988 (caso NULL)
Magistrado Responsável | FERNANDES FUGAS |
Data da Resolução | 15 de Junho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS CPC ANOTADO VOLI PÁG615 E VOLV PÁG71. RT ANO82 PÁG362. V SERR RLJ ANO95 PÁG269 ANO99 PÁG315 ANO100 PÁG293. P LIMA VARELA CCIV Área Temática: DIR PROC CIV - PROCED CAUT / RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART254 N1 ART276 N1 B ART284 N1 BART497 N2 ART510 N1 ART511 N2 ART660 N2 ART661 N2 ART664 ART668 N1 D ART715 ART749 ART806. DL 121/76 DE 1976/02/11 ART1 N3 N4. CCIV66 ART304 N1 ART306 N1 ART310 D ART323 N1.
Jurisprudência Nacional: AC STJ DE 1975/12/19 IN BMJ N252 PAG109.
Sumário : I - Não estando feita a notificação do falecido arrendatário dos executados à data da suspensão da instância, por óbito deste, é de todo evidente que em relação aos executados, não terminara o prazo de que estes dispunham para o exercício de direito a que se refere o artigo 511, n. 2, do Código de Processo Civil, prazo esse que nem sequer se iniciara. II - A norma do n. 2 do artigo 661 do Código de Processo Civil tanto se aplica no caso de se ter formulado pedido genérico como no de se ter feito pedido específico sem, contudo, se fazer a prova dessa especificação. III - É, no entanto, na acção que se tem de fazer a prova dos pressupostos do dever de indemnizar, pelo que aí se tem de apurar se houve facto ilicíto e o dano consequente, bem como, em princípio, o montante indemnizatório mas este último só quando isso seja possível. IV - O recurso à fase executiva funciona apenas para a hipótese de, defenido, na acção, o dever de indemnizar, não se ter apurado o " quantum" devido. V - Os prejuízos a liquidar em execução de sentença de embargo de obra nova só podem ser os que tiverem sido alegados...
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