Acórdão nº 082564 de Supremo Tribunal Administrativo (Portugal), 25 de Novembro de 1992 (caso None)
Data | 25 Novembro 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 ART1569. CPC67 ART137 ART205 ART463 N1 ART510 N5 ART784 N1 N2 ART1051 N1 ART1053 ART1054 N2.
Sumário : I - Nas acções de arbitramento, quando a lei se reporta ao julgamento da improcedência da contestação, quer significar que, como o réu não viu consagrada a sua oposição, se abre a fase da consagração do pedido de nomeação de peritos para o arbitramento. II - Não significa isso que caiba ao réu o ónus da prova de que o direito do autor não existe. Na sua primeira fase, a acção é claramente declarativa, passando pela definição do direito das partes, sem qualquer alteração das regras do ónus da prova. III - É de rejeitar a conclusão de que, decidindo-se no despacho saneador não haver nulidades, se tem de aceitar que se dá por assente; definido e julgado o direito invocado pelo autor que...
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