Acórdão nº 083884 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1993 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 13 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART40 N1 N2 ART659 N2 ART672 ART675 ART701 ART704 ART705 ART716 ART724 ART729 N1 N2 ART946 N2 ART954 ART957 N1. L 38/87 DE 1987/12/23 ART30 N2.
Sumário : I - A decisão das questões prévias, nos termos dos artigos 701 e 704 do Código de Processo Civil tem por finalidade sanear a instância de recurso, para, depois, se entrar na apreciação do objecto do recurso. II - Se o Supremo Tribunal de Justiça ordenou a baixa do processo à Relação, nos termos do n. 2 do artigo 729 do Código de Processo Civil, para ali serem fixados os factos materiais provados e aplicado o respectivo regime jurídico, não pode o mesmo tribunal da Relação suscitar e decidir oficiosamente a questão prévia do não conhecimento do...
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