Acórdão nº 000946 de Supremo Tribunal Administrativo (Portugal), 28 de Junho de 1985 (caso None)
Magistrado Responsável | LEITE DE CAMPOS |
Data da Resolução | 28 de Junho de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART510 N1 C ART490 ART505. DL 372-A/75 DE 1975/07/16. CCIV66 ART10.
Sumário : I - Face ao preceito do artigo 510, n. 1, alínea c) do Código de Processo Civil, as instâncias decidem prematuramente quando o processo não lhes fornece os indispensáveis elementos do facto para uma decisão consciênciosa. II - A cominação prescrita no artigo 490 e 505 do Código de Processo Civil, só funciona quando falta algum dos articulados admitidos pela forma do processo ou quando, em qualquer deles se não impugnam factos constantes do articulado anterior. III - A caducidade e a prescrição integram questões complexas (de facto e de direito), dependendo a sua verificação da prova de factos necessariamente...
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