Acórdão nº 062860 de Supremo Tribunal de Justiça (Portugal), 19 de Dezembro de 1969 (caso NULL)
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 19 de Dezembro de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART153 ART193 N2 ART474 C. DL 33921 DE 1944/09/05 ART22 ART23. L 2030 DE 1948/06/22 ART6 ART10 N1 N2. D 37758 DE 1950/02/22. D 43587 DE 1961/04/08 ART41 N2 ART43. CADM40 ART865.
Sumário : I - Uma vez que a petição inicial da expropriação não foi considerada inepta e o despacho ordenando a citação não foi impugnado, ficam prejudicadas as questões de saber se houve falta de declaração ministerial de utilidade publica ou se tal declaração caducou, pois a vingarem feririam de inepta a petição. II - O meio processual adequado e oportuno ao conhecimento dessas questões seria o agravo do despacho liminar de citação ou o pedido de conhecimento deduzido nos cinco...
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