Acórdão nº 081500 de Supremo Tribunal Administrativo (Portugal), 19 de Dezembro de 1991 (caso None)
Magistrado Responsável | TATO MARINHO |
Data da Resolução | 19 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART4 ART268 ART360 ART368 - ART370 ART771 B ART813 B ART814. DL 41957 DE 1958/11/13 ART43 PAR1. CPCI63 ART176 C.
Sumário : I - O pedido formulado por uma pessoa jurídica e dirigido a um tribunal para que solucione um conflito de interesses, que solucione um conflito de interesses, traduz-se no que comumente se designa por relação jurídica processual, relação jurídica essa que tem como elementos constitutivos os especificados no artigo 268 do Código de Processo Civil, e que são os sujeitos (pessoas), o objecto (pedido) e a causa de pedir. II - Os incidentes são formas processuais secundárias que revestem o aspecto de episódios ou acidentes da lide, denominados no Código de Processo Civil como incidentes da instância, e alguns nele regulamentados. III - O incidente da instância apresenta as seguintes caracteristicas, embora nem todas se verifiquem...
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