Acórdão nº 072804 de Supremo Tribunal Administrativo (Portugal), 08 de Abril de 1987 (caso None)
Magistrado Responsável | PEREIRA DE MIRANDA |
Data da Resolução | 08 de Abril de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART195 N2 A ART201 N1 ART202 ART205 ART229 ART232 ART239 N1 ART242 N1 A ART369 N2 ART484 N2 ART486 N2 ART524 ART706.
Jurisprudência Nacional: AC STJ DE 1983/06/21 IN BMJ N328 PAG523.
Sumário : I - Havendo divergencia entre a certidão de citação e a nota lavrada na petição inicial quanto a data e termo do prazo da contestação, sendo a citação feita na pessoa do reu, a nota no duplicado da petição constitui formalidade prescrita no - artigo 242, n. 1, alinea a), mas não essencial - artigo 195, n. 2, alinea a) ambos do Codigo de Processo Civil, prevalecendo a certidão de citação, constituindo essa desconformidade irregularidade - artigo 242, n. 1 do Codigo de Processo Civil, susceptivel de anulação se puder prejudicar a defesa do citado - artigo 198 - ou influir no exame e decisão da causa - artigo 201 ambos do Codigo de Processo Civil, mediante oportuna e legitima reclamação. II - A alegação no recurso de apelação de falsidade de informação constante da certidão ou citação, não basta, havendo que deduzir o respectivo incidente na primeira instancia - artigo 369, e seguintes do Codigo de Processo Civil, pelo que não foi violado o artigo 369, n. 2 e 239, n. 1 do Codigo de Processo Civil. III - O artigo 486, n. 2 do Codigo de Processo Civil não exige a notificação...
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