Acórdão nº 083468 de Supremo Tribunal de Justiça (Portugal), 04 de Maio de 1993
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 04 de Maio de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG. DIR ECON - DIR TRANSP DIR RODOV.
Legislação Nacional: CPC67 ART201 ART204 N1 ART205 ART206 N1 ART273 N1 ART503 ART664. DL 46235 DE 1965/03/18 ART1 N1 ART21. CCIV66 ART592 N1 ART593 N1.
Sumário : I - Fica sanada a nulidade resultante de ineptidão da petição inicial se não foi arguida até à contestação ou nesta, não foi conhecida oficiosamente no despacho saneador ou antes deste, e se nesse despacho, de que não houve recurso, o Juiz declara que o processo não enferma de nulidades. II - As nulidades resultantes de admissão de réplica e de ter sido aí formulada nova causa de pedir, são nulidades secundárias, cujo regime de arguição é o geral do artigo 205 do Código de Processo Civil de 1967, pelo que ficam sanadas não sendo arguidas no prazo de cinco dias contados da notificação desse articulado. III - Identicamente é nulidade secundária o serem admitidos por acordo os factos constantes de réplica que...
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