Acórdão nº 0011931 de Court of Appeal of Lisbon (Portugal), 04 de Fevereiro de 1997
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 04 de Fevereiro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PAIS DE SOUSA CARDONA FERREIRA E LEMOS JORGE IN "ARRENDAMENTO URBANO NOTAS PRÁTICAS" PAG48 PAG50.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART96 N1 ART101 ART102 N1 ART105 N1 ART106 ART474 N1 B ART1413 N1 N4. RAU90 ART84 N2 N3. CCIV66 ART1110 N3. L 38/87 DE 1987/12/23 ART56 ART60 A B.
Jurisprudência Nacional: AC STJ DE 1996/04/30 IN CJSTJ ANO96 T2 PAG47.
Sumário: I - A decisão proferida sobre a incompetência material do tribunal, que constitui um dos três fundamentos da sua incompetência absoluta (artigo 101 do CPC), mesmo depois de haver transitado, tem apenas força de caso julgado formal, só valendo, por conseguinte, dentro do respectivo processo (artigo 106 CPC). II - O próprio tribunal que...
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