Acórdão nº 9410609 de Court of Appeal of Porto (Portugal), 15 de Dezembro de 1994
Magistrado Responsável | COELHO DA ROCHA |
Data da Resolução | 15 de Dezembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART981 N3. L 2088 DE 1957/06/03 ART1 ART3 ART7. RAU90 ART73. CCP63 ART132.
Jurisprudência Nacional: AC RC DE 1991/10/29 IN CJ T4 ANOXVI PAG127. AC STJ DE 1971/06/04 IN BMJ N208 PAG139.
Sumário: I - Na prolação do despacho saneador, se houver factos controvertidos necessários à resolução do mérito da causa, tendo em vista uma ou mais das várias soluções defensáveis, o Juiz deve seguir com elaboração da especificação e do questionário mesmo que, na sua maneira de ver, disponha já de elementos de factos bastantes para a solução do mérito. II - Na acção...
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