Acórdão nº 9050937 de Court of Appeal of Porto (Portugal), 06 de Março de 1990
| Data | 06 Março 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART1508 ART1513 N1 ART494. CCIV66 ART236 N1 ART238 N1. DL 446/85 DE 1985/10/25 ART11 N1 N2. DL 243/84 DE 1984/07/17. L 31/86 DE 1986/08/29.
Jurisprudência Nacional: AC TC DE 1986/07/08 IN DR DE 1986/09/12. AC STJ DE 1987/11/15 IN BMJ N363 PAG442.
Sumário: I - A excepção da preterição do tribunal arbitral abarca o compromisso arbitral e a cláusula compromissória porque tanto num caso como noutro a parte que se dirige ao tribunal judicial viola o acordo assumido, retirando o conhecimento da questão ao órgão não jurisdicional por que previamente optara. II - Em rigor, a cláusula...
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