Acórdão nº 084091 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1993
| Magistrado Responsável | CARDONA FERREIRA |
| Data da Resolução | 03 de Novembro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: DIAS DA FONSECA E RODRIGUES PARDAL DA PROPRIEDADE HORIZONTAL PAG148. PIRES DE LIMA E VARELA CCIV ANOT VOL1 PAG216 E VOL2 PAG2.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART227 N1 ART722 ART729 ART762 N2 ART763. CCIV66 ART2 ART1420 N2 ART1421 N2 C. CONST89 ART113 ART122 N1 G ART205 ART206.
Jurisprudência Nacional: ASS STJ DE 1989/05/10 IN BMJ N387 PAG79.
Sumário : I - Os Assentos não são actividade propriamente legislativa que, de seu natural, é livre, salvo consonância com a hierarquia das leis; são o resultado da actividade jurisdicional, embora de cariz especial, clarificador, interpretativo e vinculativo, mas condicionado pela actividade, essa sim, legislativa do Estado. II - Processualmente, os Assentos são o resultado de recursos atípicos. III - De todo o modo, seja qual for o sentido conceptual dos...
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