Acórdão nº 0048261 de Supremo Tribunal Administrativo (Portugal), 18 de Junho de 1991 (caso None)
| Magistrado Responsável | SOUSA INES |
| Data da Resolução | 18 de Junho de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: ANTUNES VARELA MANUAL DE PROCESSO CIVIL 2ED PAG481.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART156 N1 ART519 N1 N3 ART666 N3 ART668 N1 D.
Sumário: I - É nulo o despacho do juiz que, face a requerimento da parte em que esta diz não lhe ser possivel obter determinado documento, cuja junção lhe fôra ordenada, por total carência dos elementos necessários à sua obtenção, se limita a ordenar que os autos aguardem sem prejuízo do disposto no art. 122, do Código das Custas Judiciais; é que, ao assim despachar, o juiz deixou de se pronunciar acerca de questão que lhe foi posta. II - O dever de...
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