Acórdão nº 085582 de Supremo Tribunal Administrativo (Portugal), 04 de Outubro de 1994 (caso None)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 04 de Outubro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CPC67 ART65 N1 A ART66 ART74 N1. LOTJ87 ART79 B. CCIV66 ART82 N1 ART83 N1 ART281 ART456 N2 ART774.
Jurisprudência Nacional: AC STJ DE 1991/02/07 IN BMJ N404 PAG351. AC STJ DE 1991/02/14 IN BMJ N404 PAG372.
Sumário : I - As causas que não sejam por lei atribuidas a alguma jurisdição especial são da competência do tribunal comum, e este é o civil, sendo ao tribunal de comarca que, em 1. instância, pertence a plenitude da jurisdição civil (artigo 67 n. 1 e n. 2 do Código de Processo Civil de 1967). II - Pedindo a autora o pagamento de uma quantia em dinheiro e juros por ter financiado o réu na compra de um Mercedes, a acção é da competência do tribunal comum por não ser atribuida a jurisdição especial. E, sendo o valor da acção superior a 2000 contos, é o tribunal de círculo o competente para a acção, atento o disposto no artigo 79 alínea b) da L.O.T.J. de 1987. III - Pedindo a autora ao réu o pagamento de uma quantia em dinheiro, a acção deve ser proposta no tribunal do lugar em que por lei o pagamento deve ser efectuado na falta de convenção escrita, ou seja, no lugar do "domicílio" que o credor tiver ao tempo do...
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