Acórdão nº 96B226 de Supremo Tribunal de Justiça (Portugal), 26 de Setembro de 1996 (caso NULL)
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 26 de Setembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR FAM.
Legislação Nacional: CPC67 ART646 N4 ART691 ART712 ART721 ART733 ART754. CCIV66 ART344 N1 ART349 ART350 ART351 ART1798 ART1801 ART1871 N2. DL 329-A/95 DE 1995/12/12 ART17 N2.
Jurisprudência Nacional: ASS STJ DE 1983/07/21 IN BMJ N328 PAG297.
Sumário : I - Ao anular o julgamento da 1. Instância com o fundamento de que as respostas aos quesitos contêm obscuridade que não concretiza, e que efectivamente não existe, a relação fez mau uso dos poderes conferidos pelo artigo 712 do Código de Processo Civil, o que é passível de censura pelo Supremo. II - Assim, impõe-se que o processo baixe à Relação para decisão sobre o mérito da...
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