Acórdão nº 0052231 de Court of Appeal of Lisbon (Portugal), 27 de Outubro de 1992
Magistrado Responsável | CALIXTO PIRES |
Data da Resolução | 27 de Outubro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART96 N2 ART497 ART498.
Jurisprudência Nacional: AC STJ DE 1988/05/10 IN BMJ N377 PAG461.
Sumário: I - De acordo com os ditames dos artigos 497 e 498, do Código de Processo Civil, e os ensinamentos de A. Castro em Direito Processual Declaratório, vol. I, pag. 201 a 204, de M. Andrade em Noções Elementares de Processo Civil, ed. 1965, pag. 108, e do acordão do Supremo Tribunal de Justiça de 1988/05/10 in BMJ n. 377 pág. 461 não ocorre litispendência (ou caso julgado) entre a acção em que A, na veste de comproprietário de determinado prédio entregue sob arrendamento de 1968/12/03 a B quanto às lojas com os números 13A e 13C para a indústria e comércio de malhas, pede relativamente a C, a declaração de nulidade do trespasse dessas lojas e acessoriamente a desocupação delas em virtude de C ter adquirido em hasta pública o direito ao trespasse e arrendamento mas desde então destinar a loja única e exclusivamente ao armazenamento de brinquedos e loiças, e a acção em que A, invocando a mesma qualidade de comproprietário do prédio e da loja, o contrato de arrendamento de 1968/12/03, a aquisição em hasta pública do direito ao trespasse e arrendamento por C e que na...
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