Acórdão nº 086238 de Supremo Tribunal Administrativo (Portugal), 14 de Março de 1995 (caso None)
| Magistrado Responsável | SANTOS MONTEIRO |
| Data da Resolução | 14 de Março de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART715 ART722 N1 N2 ART729 N3 ART749 ART753. CCIV66 ART358. OTM78 ART201 ART203 ART206.
Jurisprudência Nacional: ASS STJ DE 1975/02/19 IN BMJ N244 PAG149. ASS STJ DE 1983/06/21 IN BMJ N328 PAG297. AC STJ DE 1981/01/22 IN BMJ N303 PAG178.
Sumário : I - No recurso de agravo do despacho saneador por falta de fundamentação, a Relação, depois de julgar nulo esse despacho deve conhecer do objecto do agravo, nos termos do artigo 715 do Código de Processo Civil, por remissão do artigo 749 desse Código. II - Tendo sido negado provimento ao agravo, que subiu diferidamente, não há que mandar regressar o processo à fase posterior à do saneador, quando, entretanto, a acção foi julgada procedente, tendo a sentença sido confirmada no recurso de apelação. III - O erro na fixação dos factos materiais não pode ser objecto de recurso de revista, salvo as duas excepções postas na 2. parte do n. 2 do artigo...
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