Acórdão nº 9210777 de Court of Appeal of Porto (Portugal), 18 de Março de 1993
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 18 de Março de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: DL 845/76 DE 1976/12/11 ART27 ART36 N3 ART70 N1 N2 N4 NA REDACÇÃO DO DL 32/82 DE 1982/02/01 ART71 ART72 N1 ART73. DL 438/91 DE 1991/11/09 ART29 N4. CPC67 ART153 ART201 N1 ART205 N1 ART660 N2 ART676 N1 ART684 N2 ART690 N1 N3 ART713 N2. CONST82 ART13 ART62 N2 ART208 N2. CCIV66 ART13 ART562 ART564 ART566 N2.
Sumário: I - A falta da simultânea notificação da decisão arbitral nos termos da segunda parte do número 4 do artigo 70 do Código das Expropriações ( Decreto-Lei nº 845/76, de 11/02, na redacção do Decreto-Lei nº 32/82, de 01/02 ), impeditiva do exercício dos direitos conferidos pelos seus artigos 71 e 73 constitui nulidade secundária prevista no artigo 201, número 1 do Código de Processo Civil, a reclamar no prazo previsto nos seus artigos 153 e 205, número 1, sob pena de se considerar sanada. II - Dos despachos recorre-se, contra as nulidades reclama-se ( Reis, " Comentário ", 2º, 507 ). III - Como dos artigos 660, número 2, 676, número 1, e 684, número 2 do Código de Processo Civil se vê, os recursos destinam-se, por definição, à revisão das decisões das instâncias inferiores, e não, sob pena de preterição de jurisdição, à apreciação de questões nelas não suscitadas e debatidas. IV - Na fixação da indemnização devida a arrendatário comercial é de ter em conta o capital...
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