Acórdão nº 001880 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1988 (caso NULL)
Magistrado Responsável | LICINIO CASEIRO |
Data da Resolução | 05 de Maio de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR OBG. DIR PROC CIV. DIR PROC TRAB. DIR TRAB.
LegislaÁ„o Nacional: CCIV66 ART323 N1 N2 ART328 ART331. CPC67 ART1 ART4 N1 ART476 ART477 N1 ART478 ART488. CPT81 ART1. DL 49408 DE 1969/11/24 ART38 N1.
Sum·rio : I - A prescriÁ„o constitui uma excepÁ„o perempetoria que n„o e do conhecimento oficioso, so podendo o tribunal dela conhecer se tiver sido devidamente alegada pela parte que dela aproveita. II - Como resulta o artigo 477 do Codigo de Processo Civil o despacho de aperfeiÁoamento da petiÁ„o inicial, que so pode ter lugar quando n„o for caso de indeferimento liminar, destina-se a possibilitar ao autor a correcÁ„o ou complementaÁ„o das irregularidades ou deficiencias que sejam susceptiveis de comprometer o exito da acÁ„o. III - Na base desse artigo encontra-se o seguinte fundamento: a lei quer evitar que o autor veja o seu direito substancial inutilizado e perdido por uma irregularidade ou vicio meramente formal, traduzindo-se num beneficio e n„o num prejuizo daquele, objectivo que da ao juiz um criterio geral de orientaÁ„o no uso daquela...
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