Acórdão nº 087147 de Supremo Tribunal de Justiça (Portugal), 03 de Outubro de 1995 (caso NULL)
Magistrado Responsável | FERNANDES MAGALHÃES |
Data da Resolução | 03 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REIS IN CPC ANOTADO VOLII PAG141. SANTOS SILVEIRA IN PROCESSOS DE NATUREZA PREVENTIVA E PREPARATÓRIA PAG56.
Área Temática: DIR PROC CIV - PROC ESP. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCJ62 ART42 ART43 ART110 N1. CPC67 ART156 N1 ART427 N2 ART433 ART668 N1 B ART1041 N2.
Jurisprudência Nacional: AC STJ DE 1990/03/01 IN BMJ N395 PAG479.
Sumário : I - O requerimento do embargante traduz um incidente anómalo se nele veio dizer que, apesar de estarem decorridos dois meses sobre a data do seu pedido de restituição provisória de posse, feito ao abrigo do n. 2 do artigo 1041 do Código do Processo Civil, não tinha ainda, certamente por lapso, sido proferida qualquer decisão sobre a matéria em causa, pelo que nos termos do preceituado no n. 1 do artigo 156 do mesmo diploma, deveria ser proferido despacho ou sentença sobre todas as matérias pendentes, fê-lo, de forma inoportuna, pois que na data em que apresentou tal requerimento estava ainda a decorrer o prazo do artigo 110, n. 1 do Código das Custas Judiciais para o requerido efectuar o pagamento do preparo a que faltou acrescido da taxa de justiça de igual montante, condição de eficácia da sua oposição. II - Daí que...
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