Acórdão nº 0224243 de Court of Appeal of Porto (Portugal), 23 de Janeiro de 1990
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 23 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART612 ART622.
Sumário: I - Se perante o despacho proferido em audiência de julgamento em que o Meritíssimo Juiz "a quo" indefere a pretensão dos RR - formulado na fase instrutória - de que o julgamento se afectue no local ou que se proceda a inspecção judicial no mesmo, as requerentes não só não reagiram como deixaram que o mesmo transitasse em julgado, a força e autoridade do caso julgado impede-os de suscitar agora a questão em recurso da sentença. II - Quando requerida pelas partes, pode o juiz recusar a inspecção judicial se a não julgar necessária ou conveniente - artigo 612 do Código de Processo Civil, competindo...
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