Acórdão nº 98B439 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1998 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 25 de Junho de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC EXEC / RECURSOS.
Legislação Nacional: CPC67 ART201 ART254 ART255 ART360 ART676 N1 ART882 ART890 N2 ART896 ART897 ART909 N1 C. DL 121/76 DE 1976/02/11 ART1 N4.
Sumário : I - Os recursos destinam-se a impugnar as decisões judiciais e não a obter decisão acerca de questão nova que não tenha sido colocada à decisão do tribunal competente para dela conhecer em primeira instância (artigo 676, n. 1, do CPC). II - A circunstância de a Relação, no recurso para si interposto, ter conhecido de questão nova, não justifica que, agora, se continue a consentir ao recorrente a discussão de tal questão, acerca da qual não obteve decisão na primeira instância. III - De harmonia com o disposto no artigo 909, n. 1, alínea c), do CPC67, a venda fica sem efeito se for anulado o acto da venda nos termos do artigo 201, segundo o qual um desvio do formalismo prescrito pela lei processual produz nulidade quando a lei o declare ou quando a irregularidade cometida...
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