Acórdão nº 9550155 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1996
| Magistrado Responsável | BRAZÃO DE CARVALHO |
| Data da Resolução | 15 de Janeiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART26 N3 ART282 ART1409 ART1456. CCIV66 ART777 N2.
Jurisprudência Nacional: AC RP DE 1980/01/22 IN CJ T1 ANOV PAG23.
Sumário: I - Não há lugar a suspensão da instância para cumprimento das formalidades fiscais, devido à falta de pagamento do imposto de selo relativo ao contrato-promessa que fundamenta a acção, se o que está em causa é apenas a fixação judicial do prazo. II - Na acção que tem unicamente por escopo a fixação judicial de prazo para cumprimento de um contrato- -promessa de compra e venda, tem legitimidade passiva a pessoa a quem o autor ( promitente comprador ) atribui a qualidade de promitente vendedor. III - Na acção de jurisdição voluntária de fixação de prazo a lei não exige a...
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