Acórdão nº 9830786 de Court of Appeal of Porto (Portugal), 25 de Junho de 1998
Magistrado Responsável | PIRES CONDESSO |
Data da Resolução | 25 de Junho de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 D N3 ART457 N2 ART264 N3.
Sumário: I - A nulidade da sentença do artigo 668 n.1 alínea d) do Código de Processo Civil não é de conhecimento oficioso e tem de ser suscitada nos termos do n.3 daquele artigo. II - Proferida sentença, transitada em julgado porque o recurso de apelação dela interposto foi julgado deserto, não pode já ser suscitada tal nulidade. III - A parte que, na sequência do disposto no artigo 457 n.2 do Código de Processo Civil, apresenta um requerimento onde menciona as despesas, honorários e prejuízos para a indemnização a que tem direito ( litigância de má fé ) não é obrigada a apresentar prova dos mesmos. IV - O facto de o juiz por considerar necessário...
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