Acórdão nº 076380 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1988 (caso NULL)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 03 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART286 ART289 N1. CNOT67 ART89 K. CPC67 ART146 ART155 ART517 N1 ART651 N1 B C N2. DL 457/80 DE 1980/10/01. DL 242/85 DE 1985/07/09.
Sumário : I - Não e admissivel o adiamento da audiencia do julgamento por acordo das partes, nem pode adiar-se mais de que uma vez, a não ser no caso de impossibilidade da constituição do tribunal colectivo - artigo 651, n. 2 do Codigo de Processo Civil, redacção do Decreto-Lei n. 242/85, de 9 de Julho. II - No caso dos autos, como a audiencia ja tinha sido adiada uma vez por falta do advogado da Re, não o podia ser de novo, por falta do mesmo advogado. III - Atenta a materia de facto assente pela Relação, que este Supremo tem de acatar, não se verificariam os indispensaveis pressupostos ou requisitos para a verificação do justo impedimento. IV - A Re foi colocada pela pertinente modificação da realização da diligencia, na posição de ter podido comparecer, não tendo havido...
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