Acórdão nº 071785 de Supremo Tribunal Administrativo (Portugal), 05 de Junho de 1984 (caso None)
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 05 de Junho de 1984 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR FAM. DIR REGIS NOT. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPC67 ART66 ART67 ART101 ART108 ART109 ART195 ART201 N1 ART255 ART666 N2 N3 ART667 N1 N2 ART668 ART676 N1 ART660. CCIV66 ART249 ART331 N1 ART1798 ART1817 N1 N4 ART1866 A ART1873. CCIV867 ART665. CRC78 ART261. CCJ62 ART51. LOTJ77 ART45 ART62.
Sumário : I - O simples erro de escrita, revelado no próprio contexto da declaração ou através das circunstâncias em que a declaração é feita, dá direito à rectificação desta (artigo 249 do Código Civil). II - A notificação em caso de recurso pode ter lugar antes de ele subir (n. 2 do artigo 667 do Código de Processo Civil). III - Em aplicação do princípio enunciado no referido artigo 249, os artigos 666, n. 2 e 667, n. 1, ambos do Código de Processo Civil, permitem que, por iniciativa do juiz ou a requerimento das partes, sejam corrigidos erros de escrita contidos na sentença, devidos a lapso manifesto por simples despacho, disposições estas aplicáveis aos despachos (ex vi do n. 3 do artigo 666, do mesmo Código) e a outras peças processuais. IV - Constando da especificação que entre o investigado e a mãe do investigante não existe qualquer laço de parentesco, não pode dizer-se que foi violada a norma do artigo 261 do Código de Registo Civil ou alguma das contidas...
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