Acórdão nº 075267 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1987
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 26 de Novembro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV.
Legislação Nacional: L 76/77 DE 1977/09/29 ART1 N1 ART29 N1. L 76/79 DE 1979/12/03 ART1 N1. CPC67 ART272 ART273 ART467 N1 C ART502 N1 N2.
Sumário : I - Não tendo sido posto em causa, nas conclusões das alegações de recurso, o decidido no acordão recorrido no tocante a improcedencia da acção em função de determinada causa de pedir, tal materia tem de considerar-se arrumada, por ter sido objecto de decisão que se tornou definitiva, estando, consequentemente, fora do ambito do recurso. II - Fora do ambito do recurso fica, igualmente, a materia ja decidida favoravelmente ao recorrente. III - E na petição inicial que o Autor deve expor os factos e as razões de direito que servem de fundamento a acção - alinea c) do n. 1 do artigo 467 do Codigo de Processo Civil. IV - Tal exigencia não pode ser substituida, quer por eventual indicação de factos feita pela parte contraria nos respectivos articulados, quer pela junção de documentos donde possa deduzir-se a existencia dos...
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