Acórdão nº 9220092 de Court of Appeal of Porto (Portugal), 05 de Novembro de 1992
| Magistrado Responsável | DIOGO FERNANDES |
| Data da Resolução | 05 de Novembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART273 N1 ART193 N2 ART470 ART474 N1 N2.
Jurisprudência Nacional: AC STJ DE 1986/02/25 IN BMJ N354 PAG476. AC RP DE 1989/12/05 IN CJ T5 ANOXIV PAG201. AC RL DE 1984/07/17 IN CJ T4 ANOIX PAG98.
Sumário: I - A causa de pedir nas acções de despejo é o facto preciso e concreto invocado como causal do efeito pretendido. II - Nas acções de reivindicação a causa de pedir é o título invocado da aquisição da propriedade que o Autor pretende ver reconhecido ou tutelado e, ou também, esse título e a ocupação abusiva do Réu. III - A formulação do pedido de modo tecnicamente imperfeito mas por forma que levou o R. a entender o efeito jurídico pretendido não importa na ineptidão da petição inicial. IV - Os pedidos cumulados são incompatíveis quando os efeitos jurídicos de cada um...
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