Acórdão nº 079586 de Supremo Tribunal Administrativo (Portugal), 26 de Fevereiro de 1991
Magistrado Responsável | LEITE MARREIROS |
Data da Resolução | 26 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART467 N1 C ART489 N1 ART502 N1 ART525 ART667 N2 ART712 N2 ART716 ART749 NA REDACÇÃO DO DL 242/85 DE 1985/07/09. CCIV66 ART262 ART1431 N3 ART1432 N3 ART1433 N1.
Jurisprudência Nacional: AC STJ DE 1980/11/20 IN BMJ N301 PAG418. AC RC DE 1987/10/20 IN CJ ANOXII TIV PAG85.
Sumário : I - O artigo 502 n. 1 do Codigo de Processo Civil na redacção dada pelo Decreto-Lei n. 242/85, de 9 de Setembro, e de aplicar a replica apresentada quando ja estava em vigor este diploma, porque as normas processuais são de aplicação imediata dada a natureza publicistica e instrumental, tanto mais que o processo não tira nem da direitos, limitando-se a reconhece-los. II - A decisão que recusou a junção aos autos da fotocopia de uma sentença não violou o artigo 525 do Codigo de Processo Civil, uma vez que não pode considerar-se como parecer por não emitir opinião sobre o caso em discussão e porque o que consta de tal sentença, por não ser "assento", não e obrigatorio para o tribunal. III - Nos termos do n. 3 do artigo 1432 do Codigo Civil e ilegal a deliberação tomada em assembleia de condominos se, não tendo comparecido o numero suficiente para se obter vencimento, a nova reunião for convocada para alem de 10 dias da primeira reunião. IV - Dado como...
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