Acórdão nº 073120 de Supremo Tribunal Administrativo (Portugal), 26 de Novembro de 1985 (caso None)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 26 de Novembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART137 ART138 ART463 N1 ART489 ART515 ART523 ART543 N1 ART672 ART783 ART784 N1 N2. CCIV66 ART220 ART364 N1 ART376 ART387. CCOM888 ART426.
Sumário : I - Em processo sumario, na falta de contestação, tendo a re sido regularmente citada, e advertida no acto da citação de que a falta de contestação determinava a sua condenação no pedido, e decidido, com transito em julgado, que aquela não era pessoa colectiva de direito publico, tal condenação so não sera de decretar se ocorrer qualquer das seguintes situações: a) ser inepta a petição: b) ser manifesta a incompetencia absoluta do tribunal, a falta de personalidade ou de capacidade judiciaria dos autores e re, ou a sua ilegitimidade; c) ter a acção sido proposta fora do tempo, sendo a caducidade de conhecimento oficioso; d) ser a vontade das partes ineficazes para produzir o efeito juridico que, pela acção, se pretende obter; e) reconhecer-se que os autores pretendem realizar um fim proibido por lei - artigo 784, ns. 1 e 2, do Codigo de Processo Civil. II - Quer dizer, ao contrario do processo ordinario, no qual, com a falta de contestação, apenas se...
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