Acórdão nº 96A133 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1996 (caso NULL)
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 28 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: L CARDOSO IN MANUAL DOS INCIDENTES DA INSTÂNCIA EM PROC CIV 2ED PAG14. P FURTADO IN DELIBERAÇÃO DOS SÓCIOS PAG673 PAG668 PAG709.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL. DIR COM - SOC COMERCIAIS. DIR CONST - PODER POL.
Legislação Nacional: CPC67 ART201 ART205 ART206 ART302 ART303 ART304 ART381 ART396 N1 N3 ART397 N1 N2 N3 ART463 N1 ART506 ART523 ART524 ART626 ART627 ART628 ART666 N1 N3 ART668 N1 D ART684 N2 ART722 N2 ART738 N1 A C ART755 N2 ART944. CSC86 ART6 N1 N5 ART56 ART59 N4 ART63 N1 N2 C N3 ART189 N5 ART248 N6 ART374 ART382 N4 ART388 N2 ART474 ART521. CCIV66 ART334 ART396. CCOM888 ART183 PAR1. CONST82 ART205 N2.
Jurisprudência Nacional: AC STJ DE 1980/10/21 IN BMJ N300 PAG344.
Sumário : I - Requerida a condenação de uma das partes como litigante de má fé, o silêncio do julgador sobre tal matéria implica, só por si, que decidiu sobre a ausência de má fé, não se verificando portanto a nulidade resultante da omissão de pronúncia. II - Em processo de providência cautelar, para suspensão de deliberação tomada em assembleia geral de uma sociedade anónima, toda a matéria sujeita a prova tem de ser alegada no requerimento inicial. Não se tendo agravado da decisão do Juiz que ordenou a produção de prova, tal decisão deixa de poder ser censurada. III - A arguição de nulidade resultante da prática, ou omissão, de um acto previsto por lei, e susceptível de...
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