Acórdão nº 9110652 de Court of Appeal of Porto (Portugal), 02 de Abril de 1992
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 02 de Abril de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART193 N1 C ART201 ART467 N1 C D ART501. CCIV66 ART364 N1 ART410 N2 ART425 ART453 ART875.
Jurisprudência Nacional: AC STJ DE 1974/11/05 IN BMJ N241 PAG273.
Sumário: I - A reconvenção deve ser deduzida discriminadamente, isto é, deve distinguir-se da defesa. II - A falta de discriminação implica a existência de uma infracção mas as consequências desta são variáveis. III - Se não obstante a falta de discriminação, se pode conhecer qual o pedido e qual a causa de pedir está-se perante uma infracção irrelevante, isto é, perante uma irregularidade que não produz nulidade já que não influi no exame e decisão da causa. IV - Se em consequência da não discriminação se não pode perceber qual o pedido e qual a causa de pedir, verifica-se a nulidade prevista na alinea c) do número 1 do artigo 193 do Código de Processo Civil, o que implica a ineptidão da reconvenção. V - Não é inepta a reconvenção em que os réus alegaram que "davam por reproduzida toda a matéria factual articulada em sede de...
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