Acórdão nº 97A860 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1998
Magistrado Responsável | RIBEIRO COELHO |
Data da Resolução | 14 de Janeiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART4 N1 C ART96 N2 ART469 ART498 N3 N4 ART673. CCIV66 ART268 N1 ART289 N1 ART543.
Jurisprudência Nacional: AC STJ DE 1978/06/20 IN BMJ N278 PAG149. AC STJ DE 1968/11/26 IN RT ANO86 PAG449. AC STJ DE 1981/04/23 IN BMJ N306 PAG244. AC STJ PROC544/97 DE 1997/10/14.
Sumário : I - Para haver identidade de pedidos tem que ser o mesmo o direito subjectivo cujo reconhecimento e (ou) protecção se pede: isso acontecerá quando o pedido formulado pelos autores em acção anterior e em acção posterior, no pedido principal, tenham pretendido exercer o direito que lhes advinha do não cumprimento culposo do contrato-promessa pelos réus; mas os pedidos tornaram-se divergentes quando, em pedido subsidiário, os autores quiseram valer-se do direito à...
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