Acórdão nº 071511 de Supremo Tribunal de Justiça (Portugal), 10 de Abril de 1984 (caso NULL)
| Data | 10 Abril 1984 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ANULADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: SA CARNEIRO IN RT ANO86 PAG26.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL / DIR SUC. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART467 N1 C ART660 N2 ART668 N1 D ART715 ART731 N2. CCIV66 ART334 ART1024 N1 ART2079.
Sumário : I - O juiz deve resolver todas as questões que as partes tenham submetido à sua apreciação, exceptuadas aquelas cuja decisão esteja prejudicada pela solução dada a outras. II - A sentença é nula quando o juiz não se pronuncia sobre questões que devesse apreciar - artigo 660, n. 2 e 668, n. 1, alínea d) do Código de Processo Civil. III - O que produz a nulidade é a omissão de pronuncia, seja qual for a solução a dar à questão de que o juiz não conheceu, devendo fazê-lo, e ela verifica-se sempre, ainda que a questão deva decidir-se contra a parte que a levantou...
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