Acórdão nº 061825 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1967
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 31 de Outubro de 1967 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALEMENTE A REVISTA.
Indicações Eventuais: VAZ SERRA IN REVISTA DE LEGISLAÇÃO E JURISPRUDENCIA ANO99 PAG319.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART205 ART206 ART494 ART495.
Jurisprudência Nacional: ASS STJ DE 1966/11/04 IN BMJ N161 PAG234.
Sumário : I - Embora perante o Codigo da Estrada de 1954-1955 não fosse licito formular pedidos genericos, o certo e que, formulado um pedido desta natureza, sem oposição dos reus e sem que na primeira instancia tivesse sido considerado inviavel ou manifestamente improcedente, prosseguindo a acção ate final, pode entender-se que ali foi decidido com transito em julgado, embora implicitamente, que o autor podia formular licitamente tal pedido. II - A formulação de um pedido generico num caso em que não e admissivel constitui nulidade que, não sendo oportunamente arguida nem conhecida, fica sanada, por força do disposto nos artigos 205 e 206 do Codigo de Processo Civil. III - De qualquer modo, não tendo essa questão sido suscitada perante as instancias, não pode o Supremo Tribunal de Justiça dela conhecer, dada a finalidade dos recursos. IV - Os juros moratorios não podem ser devidos senão a partir da fixação definitiva da indemnização a pagar ao...
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