Acórdão nº 086447 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1994 (caso NULL)
Magistrado Responsável | RAUL MATEUS |
Data da Resolução | 07 de Dezembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART497 ART498 ART678 N2.
Sumário : I - A ofensa de caso julgado, para além do mais, exige, e dentro da mais elementar lógica processual, que exista decisão anterior (artigos 497 e 498 do Código de Processo Civil). II - Ora, no caso presente - por acórdão da Relação foi negado provimento ao recurso de apelação do réu, com o fundamento de no acórdão não se ter tomado conhecimento de algumas excepções suscitadas no agravo interposto do despacho saneador, o réu arguiu a nulidade, por omissão de pronúncia, desse acórdão, acórdão este que foi anulado por novo acórdão da Relação - não existem...
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