Acórdão nº 070726 de Supremo Tribunal de Justiça (Portugal), 16 de Fevereiro de 1983 (caso NULL)
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 16 de Fevereiro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA IN CODIGO CIVIL ANOTADO V1 PAG591.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART145 N4 N5 ART146 N1 N2 ART666 ART670 ART673 ART675 ART754 ART756 C ART758 ART823 N1 A ART835. DL 323/70 DE 1970/07/11. CCJ64 ART1 N2 ART3 N1 A. CCIV66 ART756 A.
Sumário : I - O n. 5 do artigo 145 do Codigo de Processo Civil estabelece duas condições essenciais: a) que o acto seja praticado "no primeiro dia util seguinte ao termo do prazo ficando, porem, a sua validade; b) dependente do pagamento imediato duma multa. II - Uma Camara Municipal esta isenta de pagar custas, mas não esta isenta de pagar multas. III - A entender-se a Camara isenta de pagar tal multa, então não poderia invocar ou usar de tal meio de praticar o acto fora do prazo, e para alem do justo impedimento, pois a regalia prevista no artigo 145 do Codigo de Processo Civil tem como unica condição essencial, imperiosa, indispensavel e não isenta, o pagamento imediato de multa, pois isso e condição de que "depende" sua "validade". IV - Se a...
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