Acórdão nº 082550 de Supremo Tribunal Administrativo (Portugal), 25 de Novembro de 1992 (caso None)
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 25 de Novembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART199 N2 ART201 N2 ART205 ART206 N1 ART346 N1 ART510 ART686 ART712 ART722 N2 ART729. CCIV66 ART1311.
Sumário : I - Se findos os articulados, o juiz conheceu, separadamente, da nulidade por erro na forma de processo, julgando-a procedente e ordenando que, transitado em julgado o despacho, se desse baixa como acção especial de restituição de posse e se distribuísse, a seguir, como acção ordinária (de reivindicação), e se o despacho não foi impugnado, a questão da ordem adoptada na apreciação das excepções deduzidas (além daquela, a da ineptidão da petição inicial e a da caducidade da acção possessória) tornou-se inatacável. II - Aliás, a lei não impedia se conhecesse em 1 lugar da nulidade por erro na forma de processo. III - E o princípio de que o útil não deve ser viciado ou prejudicado pelo inútil, bem como o da proibição da prática de inutilidades, aconselham que...
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