Acórdão nº 065453 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1975 (caso NULL)
Data | 25 Novembro 1975 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV. DIR REGIS NOT.
Legislação Nacional: CRP67 ART12. CPC67 ART24 ART40 ART273 N2 ART288 N2 ART477 ART487 N2 ART493 ART495 ART510.
Sumário : I - O pedido de cancelamento do registo a que alude o artigo 12 do Codigo do Registo Predial deve constar da petição inicial da acção em que se impugne o direito, mas podera ainda ser formulado na replica ou ate ao encerramento da discussão em primeira instancia se for o desenvolvimento ou consequencia do pedido primitivo. II - A omissão de tal pedido consubstancia uma excepção dilatoria cujo conhecimento cabe ao tribunal de primeira instancia, ainda que so tenha sido levantada em recurso para o Supremo. III -...
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