Acórdão nº 079113 de Supremo Tribunal Administrativo (Portugal), 22 de Maio de 1990 (caso None)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 22 de Maio de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ANULADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART304 N3 ART381 ART653 N2 N3 ART682 N3 ART762 N2.
Jurisprudência Nacional: AC STJ DE 1958/06/20 IN BMJ N78 PAG331.
Sumário : I - Nos procediemntos cautelares, segundo o disposto no artigo 304, n. 3 do Codigo de Processo Civil, aplicavel por força da norma remissiva do artigo 381 do mesmo Codigo, logo que termine a produção da prova, o tribunal deve declarar quais os factos que julga provados, observando-se com as devidas adaptações o disposto nos ns. 2 e 3 do artigo 653 do Codigo de Processo Civil. II - Quando não ha questionario a unica prova de fiscalizar a actividade do juiz, para que não sejam tomados em conta factos não articulados, ou para que o sejam no caso contrario, reside precisamente na remissão para os artigos do requerimento inicial e da respectiva resposta quando esta tiver lugar. III - O...
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