Acórdão nº 9630449 de Court of Appeal of Porto (Portugal), 14 de Novembro de 1996
Magistrado Responsável | NORBERTO BRANDÃO |
Data da Resolução | 14 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART668 N1 B. CCIV66 ART830.
Jurisprudência Nacional: AC STJ DE 1973/07/03 IN BMJ N229 PAG155. AC STJ DE 1974/03/15 IN BMJ N235 PAG152. AC STJ DE 1975/04/08 IN BMJ N246 PAG131.
Sumário: I - Só a falta absoluta de fundamentação ( de facto ou de direito ) e não a fundamentação apenas deficiente é que produz a nulidade da sentença, prevista no artigo 668 n.1 alínea b), do Código de Processo Civil. II - A constituição da propriedade horizontal é condição prévia e necessária para a prolação de sentença de execução específica nos termos do artigo 830 do Código Civil. III - O pedido de tal constituição não pode ser cumulado com o pedido de execução específica, hipótese em que incumbe aos...
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