Acórdão nº 0020481 de Supremo Tribunal Administrativo (Portugal), 13 de Novembro de 1990 (caso None)
Magistrado Responsável | CORREIA DE SOUSA |
Data da Resolução | 13 de Novembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: MANUEL DE ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL 1976 PAG43. ANIBAL DE CASTRO IN IMPUGNAÇÃO DAS DECISÕES JUDICIAIS 2ED PAG107.
Área Temática: DIR TRIB - DIR CUSTAS JUD. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCJ62 ART119 N1 ART145 N4. CPC67 ART740.
Sumário: I - Embora em matéria de custas a Lei nova seja de aplicação imediata, há que aplicar a Lei antiga se foi à sombra dela que foram praticados os actos que estão para ser apreciados no recurso. II - Em princípio, o responsável pelas custas não é obrigado a depositar qualquer quantia para além da sua responsabilidade. Tal obrigação só sobre ele impende. A abolição da distinção entre processos que dimanam e que não dimanam de contrato amplia o regime de garantia das custas para obter o cumprimento do julgado. III - O recorrente está obrigado a depositar as custas da sua responsabilidade na acção, como condição de subida do...
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