Acórdão nº 085814 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1995 (caso NULL)
Data | 23 Março 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: P LIMA A VARELA CCIV ANOTADO COMENTÁRIO AO ART323 DO CCIV. A REIS CPC ANOTADO VOLVI PÁG54.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC / RECURSOS. DIR COM - TIT CRÉDITO. DIR CIV - TEORIA GERAL.
Legislação Nacional: LULL ART70 ART77. CPC67 ART195 N1 A ART478 N2 ART502 ART729 ART730 ART817 N2 ART922 N3. CCIV66 ART323 N1 N2 N3 ART326 N1 ART342.
Sumário : I - Segundo o artigo 195 n. 1 alínea a) do Código do Processo Civil há falta de citação quando se tenha empregado indevidamente a citação edital, o que quer dizer que, tendo sido declarada a nulidade da citação por esse fundamento, tudo se passa como se nunca tivesse havido citação edital. II - A não ser quando é requerida a citação prévia nos termos do artigo 478 n. 2 do Código do Processo Civil, a citação nunca é efectuada nos cinco dias posteriores a ser requerida. III - Nestas circunstâncias, a não ser que entendamos que, em certos...
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