Acórdão nº 96A338 de Supremo Tribunal de Justiça (Portugal), 22 de Janeiro de 1997 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 22 de Janeiro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC / RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART660 N2 ART668 N1 D ART715 ART726 ART729 N3 ART731 N1 N2. CCIV66 ART236 N1 ART238 ART239 ART570 N1 ART762 N2 ART798 ART799 N1 ART812 N1. DL 329-A/95 DE 1995/12/12.
Sumário : I - A nulidade cometida pelo acórdão da Relação ao conhecer de matérias não consideradas na sentença recorrida - excesso de pronúncia -, não se reflecte no recurso de revista pois que o Supremo suprirá a nulidade declarando o sentido em que a decisão deverá considerar-se modificada e conhecerá dos outros fundamentos do recurso. II - Se, em transacção judicial, a embargante se comprometeu a proceder às obras indispensáveis à insonorização da "boite" ou discoteca, objecto de um litigio com o embargado, e se as obras efectuadas se mostraram insuficientes para consecução desse...
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