Acórdão nº 9550825 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1996
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 12 de Fevereiro de 1996 |
| 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 N1 ART201 N1 ART203 N1 ART205 N1.
Jurisprudência Nacional: AC STJ DE 1995/04/19 IN CJSTJ T2 ANOIII PAG43.
Sumário: I - Requerida por alguma das partes a prova por inspecção judicial, o poder conferido ao tribunal pelo artigo 612 n.1 do Código de Processo Civil não é um poder discricionário mas um poder-dever e, se entender que não deve realizar a diligência, cabe-lhe proferir decisão fundamentada nesse sentido, a qual é susceptível de recurso. II - No caso de não se realizar...
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